Business Articles Awards
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The new “Hamon Law” introducing French class actions
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State Regulation or Merely a “Gauzy Cloak”: A Preview of the North Carolina Board Oral Argument in the Supreme Court
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Is the FTC Bucking the Trend? The Propane Settlement as an Expansion of Per Se Illegality
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Federal Trade Commission Can Pursue Claims Against Company for Failure to Have Adequate Data Security, Court Rules
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Legal doctrine, economic screens and other distortions in antitrust agency decisions
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Criminal Sanctions: An overview of EU and national case law
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Financial Exchange Consolidation and Antitrust: Is There a Need for More Intervention?
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Cartel Fines: Liability of Private Equity Funds
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European Commission Probes into National Tax Rulings on Transfer Pricing
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The Competitive Significance of Brands
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US DOJ’s First Successful Extradition Based on Antitrust Charges
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10 Comments on the ECJ’s Judgment in Case C-67/13 P, Groupement des Cartes Bancaires
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‘McWane’: Tacit Coordination Versus Illegal Agreement
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Cartel Prosecutions – The Next Wave and the New Message from the U.S. Antitrust Division
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Energy and Restrictive Practices: An Overview of EU and National Case Law
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Industry Collaborations on Cybersecurity: Protecting Against Antitrust Violations
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US wins on extradition but dozen of alleged price-fixers remain out of reach
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Selective Distribution and e-Commerce: Recent developments in EU and national case law
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DOJ and FTC Weigh Anticompetitive Effects of Conditional Pricing Practices, Probe Usefulness of Price-Cost Test
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Cartel settlement unlikely in cases where inability to pay claim possible
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DOJ Examining Bargaining-Leverage Economic Theory in Comcast-Time Warner Cable Review
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Illegal Pre-Merger Coordination Results in $4.95 Million Antitrust Fine for Gun-Jumping
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DOJ Requires Disgorgement for Gun-Jumping Violations in Abandoned Flakeboard/SierraPine Transaction
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Takeaways from Government Victories in Recent Antitrust Merger Trials
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Expanding EU Merger Control to Non-Controlling Minority Shareholdings: A Sledgehammer to Crack a Nut?
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Technical Infringements Receive Stiff Fines from the European Commission
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Reasonable Best Efforts: Cold Comfort to Sellers
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FTC v. St. Lukes: a Successful Challenge to a Hospital/Physician Group Merger - Vertical or Horizontal?
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Omnicom/Publicis: Lessons in How to Keep Merger Clearance Traps from Derailing Your Deal
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The European Champions League
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Why I left United Airlines
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New EU Competition Rules on Technology Transfer Agreements
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Privateers and Trolls Join the Global Patent Wars; Can Competition Authorities Disarm Them?
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DG COMP’s 5th Patent Monitoring Report: Time for Guidance Please!
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Drug Test: When Are Pay-for-Delay Agreements Illegal?
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Methodologies for Calculating FRAND Damages (Parts 1, 2 and 3)
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What FTC Is Saying in 1st Post-Actavis Pay-For-Delay Case
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Implementing the FRAND Commitment
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United States v. Widget Co., Newco, and Patent Aggregator Plus LLC: A Hypothetical Closing Argument
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New EU Directive Promoting Antitrust Damage Claims
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The EU Court of Justice Upholds the Commission’s Refusal to Give Damages Claimants Access to Its Cartel Case Files (EnBW)
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EU High Court Opens the Door to Umbrella Liability
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The EU Court of Justice Establishes that National Provisions on Civil Liability for Loss Caused by a Cartel Shall Include Compensation for Loss Resulting from Price Setting Above the Level Expected in Competitive Conditions by a Non-Party to the Cartel (Kone / ÖBB-Infrastruktur)
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Class Action Plaintiffs Can Obtain Wiretap Evidence
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Criminal Investigations and Cross Border Litigation not a Bar to US Depositions
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Global Antitrust Compliance
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Repeal the FTAIA! (Or At Least Consider It as Coextensive with Hartford Fire)
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The Ninth Circuit Gives the Antitrust Division Another Victory in a Cartel Case and Provides Further Guidance on the FTAIA
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Foreign Antitrust Defendants Feel Some Relief from the Reach of the Sherman Act in Civil Matters
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Getting the Information: Access to Leniency Documents in Germany
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When Blue Turns to Grey: Grand Jury Subpoenas for Foreign Documents Produced in Civil Litigation
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US Antitrust Authorities Release “Model Confidentiality Waiver” to Enable Greater Cross-Border Cooperation in Merger Control and Antitrust Investigations
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Antitrust Counsel Beware: Divergent Disqualification Decisions Raise Questions about Positional Conflicts
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Arbitrability of Competition Law Issues Reinforced
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Strategies for Navigating Joint Antitrust Division and Criminal Division Investigations
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Antitrust and Due Process
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Seek Cartel Damages against All in Forum of One Cartellist, AG Advises EC
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Global Investigations: Reading the Signals
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The Emperor’s Clothes Laid Bare: Commitments Creating the Appearance of Law, While Denying Access to Law
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MOFCOM Blocks “P3” Shipping Joint Venture
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Rainbow v. Johnson & Johnson: RPM Litigation in China
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Chinese Antitrust Institutions — Many Cooks in the Kitchen
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MOFCOM Shows Teeth against Gun Jumping
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China Leniency Program Gives Whistelblowers Pause
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The Chinese NDRC Fines the Undertakings Participating in Two Cartels in the Car Insurance and Automotive Component Sectors and Publishes Its Decisions
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A Red Wave Rising
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Merger Control Rules for Off-Shore JVs in the EU and China: A Simpler Way Forward?
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Domestic-to-Domestic Transactions – A Gap in China’s Merger Control Regime?
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Jurisdictional Nexus: ‘Connecting’ Laws in European Union and India
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Microsoft/Nokia: MOFCOM Conditions Spell Out Patent Holders’ Responsibilities – Analysis
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Deterrence and Efficiency Considerations Warrant an Expansive Reading of the FTAIA
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The Discount Attribution Test and the Competitive Effects of Loyalty Discounts
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Know the Capacity Closure Analysis in Horizontal Mergers
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Activating Actavis: A More Complete Story
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Upward Pricing Pressure Analysis: Critical Issues in Recent Applications
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Diversion Analysis as Applied to Hospital Mergers: A Primer
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Monday-Morning Quarterbacking and Antitrust Damages
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Competitive Discounts and Antitrust Policy
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A Summary of Economic Analysis in MOFCOM’S Merger Review
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