In September 2016, the European Commission granted a 30% fine discount to Altstoff Recycling Austria for cooperating with an investigation into its alleged abuse of a dominant position in the Austria waste management market (see our previous post here). The discount was granted on the basis of Paragraph 37 of the 2006 Fining guidelines, which allows
This week the request for a preliminary ruling (C-191/16) by the Regional Court of Berlin (RC Berlin) in the topical case Romano Pisciotti v. Germany was published in the Official Journal.
After the implementation of the new EU Directive on antitrust damages actions into German law it will be much easier for cartel victims to pursue their claims. The position of indirect customers of cartelized products or services will be strengthened, the limitation period will be extended and most of all the German legal system will see the implementation of a German version of disclosure.
Belgian endives are a divisive vegetable: their bitterness delights some but repulses others. And even amongst Belgian endive enthusiast you’ll find some that prefer them raw – to maintain their crispness – while others like them cooked so that their bitterness comes out even more. But Belgian endives are no longer the exclusive battleground of
The European Court of Justice (ECJ) has confirmed that the conduct of a consultancy firm can be caught by the EU prohibition of agreements or concerted practices restricting competition (Article 101 of the Treaty of the Functioning of the European Union (TFEU)), even where that firm is not active on the cartelized market but where
A Supreme Court decision from February ruled that state regulatory boards run by “a controlling number” of “active market participants” can qualify for an antitrust exemption only if they are “actively supervised” by the state. But the Court left the content of those key terms vague, leaving states to wonder about the degree of antitrust scrutiny their regulatory boards will face. The FTC staff last week issued guidance on how they believe the Supreme Court’s decision should be implemented.
Thursday, 1 October 2015 9 am CDT / 10 am EDT / 3 pm GMT / 4 pm CET / 10 pm CST / 11 pm JST Global M&A activity has continued at a steady pace in 2015, with an increasing number of transactions raising antitrust issues under multiple merger control regimes. Beyond the U.S.
On 26 August 2015, the National Development and Reform Commission (NDRC) made public its first antitrust enforcement decision in the pharmaceutical sector since launching the drug pricing reform earlier this year. Although the target of this enforcement action was a local government entity, pharmaceutical companies should expect continued antitrust intervention in parallel with the implementation
Citing a recent spike in litigation over fair, reasonable, and non-discriminatory patent royalties as evidence that the current system is “not working very well,” a senior U.S. Department of Justice (DOJ) official on Tuesday said that there need to be clearer rules for setting FRAND rates. According to Renata Hesse, the Deputy Assistant Attorney General for Criminal
The enforcement of antitrust rules in the agricultural sector has been a taboo in Brussels for decades – and for good reason. Spending on the so-called Common Agricultural Policy (CAP) represented the vast majority of the EU budget until the beginning of the 21st century and the agricultural sector could consequently hardly be seen as open to the principles of the market economy. But things have slowly started to change with the creation of the World Trade Organisation and the reduction of farm subsidies in recent years.
In 2014 there were a number of significant antitrust developments for the pharmaceutical industry.
Last week, the U.S. Department of Justice’s Antitrust Division announced that criminal penalties from cartel prosecutions in fiscal year 2014 (ending September 30) reached $1.861 billion. This was, by far, the largest ever annual total for the Division. In addition, the Antitrust Division obtained jail terms for 21 individual defendants, with an average sentence of 26 months,
Recently, a federal judge in the U.S. District Court for the District of New Jersey held that only patent settlements involving a reverse monetary payment will be subject to antitrust scrutiny under the framework articulated by the Supreme Court last year in FTC v. Actavis. In affirming its earlier ruling dismissing the direct purchaser complaint,
One year since the filing of the lawsuit, and 18 months since the merger closed, a U.S. federal judge declared on 8 January 2014 that Bazaarvoice violated Section 7 of the Clayton Act by acquiring its main rival, PowerReviews. The U.S. Department of Justice (DOJ) challenged the US$168 million deal even though PowerReviews was too
On 21 November 2013, the European Commission signed a Memorandum of Understanding (“MoU“) with the Competition Commission of India. A copy has just been published on the European Commission’s website. The aim of the MoU is to further strengthen cooperation between the two parties in the area of antitrust enforcement.
On 9 December, we are hosting a 60-minute webcast featuring Hogan Lovells lawyers from London, Munich, and Washington, D.C. who will address recent developments for businesses facing or contemplating potential antitrust damages claims in the United States and Europe, including the United Kingdom and Germany, as major jurisdictions for cartel damages claims. This is the fifth program in
Yesterday, the Senate unanimously passed a bill aimed at preventing retaliation against whistleblowers who report criminal antitrust violations. The bill, which provides a civil remedy for retaliation against individuals who cooperate with Department of Justice investigations relating to their employer’s criminal price-fixing or bid-rigging activity, was reported out of committee on October 31 — just five
On 31 October 2013, the Senate Judiciary Committee approved a bill aimed at preventing retaliation against whistleblowers who report criminal antitrust violations. The bill amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) by adding whistleblower protections for anyone who provides the federal government information regarding, or otherwise assists an investigation or
In anticipation of the shutdown by the U.S. federal government, which began early this morning, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) released contingency plans that detail the impact on all aspects of the agencies’ operations, including their review of mergers and acquisitions. The Bureau of Competition at the FTC will
A mere two weeks before the health insurance marketplaces created by the Patient Protection and Affordable Care Act (“ACA”) are scheduled to open for enrollment, the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Committee on the Judiciary heard testimony on the effect of the ACA on health care competition. Representatives from
In a unanimous and favorable decision for the Federal Trade Commission (FTC), the Supreme Court found that the state action immunity doctrine does not shield Phoebe Putney Health System’s acquisition of Palmyra Park Hospital from antitrust scrutiny, sending the parties back to FTC administrative litigation to battle over the legality of the hospital merger. The
The FTC recently approved Corning’s proposed $730 million acquisition of Discovery Labware, a division of Becton, Dickinson, subject to a Consent Agreement. The agreement requires Corning to supply Sigma-Aldrich, a competitor in adjacent markets, with the necessary products and technical assistance to immediately compete in the supply of certain specialty lab products (tissue culture treated
Two speeches this month by top DOJ officials (Fiona Scott-Morton and Renata Hesse) have identified specific policy choices that standard-setting organizations (SSOs) could implement which would promote competition. They set out four main ways in which SSOs could clarify their intellectual property policies: Licensing commitments made to the standards body should bind both the
Over the last decade, the patent landscape has been dramatically altered by the rise of entities whose business model is to acquire significant patent portfolios and aggressively pursue license fees from businesses selling products that may infringe on some of those patents. Such companies are known as “non-practicing entities” (NPEs) or “patent assertion entities” (or,