In one sense the decision of the Third Circuit in Eisai v Sanofi-Aventis on 4 May was fairly unremarkable. Like those before it in Concord Boat, Allied Orthopedic, Southeast Missouri Hospital and…
Ever since the incoming EU Competition Commissioner said that information was the new currency of the internet, antitrust commentators started to spill ink on the topic of Big Data and whether it was…
On April 27, 2016, the FTC entered an administrative complaint against Invibio, Inc., accusing it and its parent company, Victrex, of violating FTC Act Section 5 through exclusive dealing contracts…
A long-running Department of Justice practice of avoiding Tunney Act procedures when seeking federal district court approval of civil penalty settlements in enforcement actions alleging Hart-Scott…
On April 5, 2016 the Department of Justice held a press conference to announce a “new” program involving enforcement of the Foreign Corrupt Practices Act (FCPA)(press release here). The program,…
Antitrust is hot! Well, as hot as antitrust gets: the mainstream media has covered antitrust issues a few times recently, and policy discussions have broken out in Congress and on the campaign trail…
Summary
On 10 March 2016, the European Court of Justice (ECJ) handed down judgments[1] that provide useful clarification regarding limits on information requests issued by the European Commission in…
The U.S. Supreme Court's denial of the petition for certiorari in the McWane case on Monday dashed the hopes of many antitrust practitioners that the Court might provide some much-needed clarity on…
On January 20, 2016, the European Court of Justice (the Court) issued a seminal preliminary ruling on the relationship between EU and Member State leniency programmes in Case C‑428/14, DHL Express …