Federal lawmakers are currently considering legislation that would eliminate differences in the procedures used by the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division in challenging unconsummated acquisitions and mergers. The proposed “Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015” or “SMARTER Act” is intended to address concerns that…
After the first Monday in October, there were few petitions involving antitrust and trade regulation disputes pending on the U.S. Supreme Court’s docket. However, within just one month, the Court has been asked to review three high-profile antitrust decisions. Word on whether the Court will take up any of the cases is unlikely before next year….
We have recently celebrated the 25th anniversary of the EU Merger Regulation, which came into force on 21 September 1990. Since that date, we have seen an exponential growth in merger control notifications at the European level – at least up until the financial crisis that began in 2008. The good news is that, to…
The European Commission (or to be more precise, and to point the finger in the right direction, DG Competition) has sweeping powers of investigation in cases of suspected infringement. Indeed, it has even sought and obtained powers that it then seems reluctant to use, such as the right to enter private homes in search of…
On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall foul of EU competition law. Background The case concerns Post Danmark and, unlike appeals against European Commission Decisions, came by way of a reference from the Danish High Court seeking formal guidance on the interpretation…
The fall conference season is in full swing. Just this week, top officials from the federal antitrust agencies are speaking at Georgetown Law School’s Ninth Annual Global Antitrust Enforcement Symposium, Fordham Law’s 42nd Annual Conference on International Antitrust Law and Policy, and the Merger Practice Workshop sponsored by the ABA Section of Antitrust Law and…
Once again, New York University School of Law (NYU Law) and Concurrences Review will be hosting a conference next month in New York City that will explore the issues raised by implementing and enforcing antitrust rules in developing countries. “Antitrust in Emerging and Developing Economies: Africa, Brazil, China, India, Mexico…”will be held on Friday, October 23, 2015, at NYU Law. The…
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE[1] explaining when EU competition law will prevent holders of patents that are essential to comply with a standard (SEPs)…
Fordham University School of Law will hold its 42nd Annual Conference on International Antitrust Law and Policy on October 1-2, 2015, at Fordham Law School in New York City. There also will be a new pre-conference antitrust economics workshop on September 30. The conference, now led by James Keyte of Skadden Arps, will feature new…
When the FTC prevailed in narrowing the state action exemption in North Carolina Board of Dental Examiners in February 2015, the hope of many commentators was that the result might be a reduction in excessive or unnecessary local regulation. While that still might be the ultimate result, the immediate reaction of some state legislatures has…
