Antitrust Chronicle – Judicial Recap: What has happened in the last year?

Antitrust Chronicle – Judicial Recap: What has happened in the last year?

This month, the Antitrust Chronicle brings you a (Judicial Recap) of important antitrust judgments from the previous year from a variety of jurisdictions. Are we starting to see more evidence of international best practices taking hold across jurisdictional lines when it comes to abuse of dominance, cartel and merger cases, or do we still see […]

CPI Talks: Interview with Esteban Greco, Head of the Argentinian Competition Authority

CPI Talks: Interview with Esteban Greco, Head of the Argentinian Competition Authority

By CPI – A new era of Argentinian competition enforcement is underway with a new head of agency, new staff and new policies. Mr. Greco tells us in this interview what challenges he has faced since taking office, the first steps he made, what are the Commission´s priorities and more. Do not miss the opportunity to learn more about […]

Staples/Office Depot: Clarifying Cluster Markets

Staples/Office Depot: Clarifying Cluster Markets

By Krisha A. Cerilli – The recent challenge to Staples acquisition of Office Depot brought to the forefront several key aspects of antitrust merger analysis. In suing to block the deal, FTC alleged that the acquisition would substantially lessen competition in the sale and distribution of consumable office supplies to large business customers. Staples and […]

Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence

Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence

By Randall Hofley – The recent Canadian Competition Tribunal decision in Commissioner of Competition v. Toronto Real Estate Board provides a detailed outline of each element of Canadian abuse of dominance law and, while generally consistent with analogous U.S. and European Commission law, some potential differences arise, most notably as regards anticompetitive intent, the participation of […]

How Many “Likes” for the German Facebook Antitrust Probe?

How Many “Likes” for the German Facebook Antitrust Probe?

By Dr. Anna Blume Huttenlauch – The German Federal Cartel Office caused quite a stir, not only among antitrust lawyers, when it recently announced that it had opened an investigation against Facebook based on the allegation of abuse of dominance. This article addresses three questions at the heart of the proceedings which will shape the future […]

Rebates: Formalism, Effects and the Real World

Rebates: Formalism, Effects and the Real World

By Lia Vitzilaiou – Rebates by dominant undertakings are a controversial area in competition law. While they can be part of genuine price competition and lead to lower prices, they can be also used by dominant firms as a means to exclude competitors and effectively harm customers. Under one approach, a rebate must be regarded as […]

The Impact of Tyson Foods v. Bouaphakeo on Antitrust Class Actions

The Impact of Tyson Foods v. Bouaphakeo on Antitrust Class Actions

By Aaron M. Panner & Rachel P. May – Tyson Foods was a recent “donning and doffing” case at the U.S. Supreme Court involving whether an employer had failed to compensate employees for time spent putting on and taking off protective gear. The case presented questions of potentially enormous importance for class-action litigation generally as […]

FTC v. Penn State Hershey Medical Center: Third Circuit Appeal Could Lead to Important Decision for Future Hospital Mergers

FTC v. Penn State Hershey Medical Center: Third Circuit Appeal Could Lead to Important Decision for Future Hospital Mergers

By Pete Levitas & Bryan M. Marra – On May 9, 2016, District Judge John E. Jones III of the Middle District of Pennsylvania denied a joint motion by the Commonwealth of Pennsylvania and the FTC seeking a preliminary injunction to enjoin the proposed merger of Penn State Hershey Medical Center and PinnacleHealth System. Judge Jones rejected […]

The General Court’s Rulings in Airfreight: A Commentary

The General Court’s Rulings in Airfreight: A Commentary

By Jeremy Robinson – In its Airfreight rulings, the EU General Court has measured a Commission decision on a complex set of circumstances against exacting criteria of clarity and consistency, and found the Commission decision wanting. Although an unwelcome ruling for the Commission, it is questionable whether many cartels will present such a complex picture of evidence […]

Toshiba v. Commission – How (not) to Prove Awareness, and Decisively Influence People

Toshiba v. Commission – How (not) to Prove Awareness, and Decisively Influence People

By Jacquelyn MacLennan & Aqeel Kadri On September 9, 2015, the EU General Court handed down its judgment in Case T-104/13 Toshiba v. Commission. The Judgment is important in two respects, firstly for its findings on the standard of proof required for a finding of participation in a single and continuous infringement of competition law, […]