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Stephen Kinsella  (Flint, United Kingdom)
Call My Bluff
October 20, 2015

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…

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Mark Katz  (Davies Ward Phillips & Vineberg LLP, Canada)
Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry (Anita Banicevic and Mark Katz)
October 16, 2015

I. INTRODUCTION In June 2015, Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines ("Draft IPEGs") for public review and consultation. The Draft…

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Mark Katz  (Davies Ward Phillips & Vineberg LLP, Canada)
Responding to Compulsory Production Orders from the Competition Bureau: Federal Court of Canada Provides Practical Guidance (Co-Written with Anita Banicevic)
October 16, 2015

Canada's Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the permission of a court, to…

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Mark Katz  (Davies Ward Phillips & Vineberg LLP, Canada)
Competition Bureau Tackles Astroturfing in Canada:Reaches Resolution with Bell Canada on Online Employee Reviews
October 16, 2015

By Anita Banicevic and Mark Katz On October 14, 2015, the Canadian Competition Bureau announced that it had reached a Consent Agreement with Bell Canada to resolve the Bureau's concerns regarding…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The FCO publishes discussion paper on internet platform markets - part one
October 16, 2015

On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working…

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Bill Batchelor  (Baker & McKenzie)
Post Danmark II - EU Commission Guidance on Economic Assessment of Rebates Under Article 102 Survives… Just.
October 15, 2015

The first Post Danmark case in 2012  brought about a modest antitrust revolution on Article 102 applicable to discrimination. Rarefied economic concepts were confirmed. Price discrimination as…

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David Wood , Peter Alexiadis  (Gibson Dunn)
Rethinking Rebates Policy Under EU Competition Law
October 13, 2015

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…

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Matthew O'Regan  (St Johns Chambers, United Kingdom)
United Kingdom: Consumer Rights Act 2015 introduces new procedures for competition litigation, including collective follow-on damages actions
October 05, 2015

On 1 October 2015, the Consumer Rights Act 2015 (“CRA 2015”) entered into force. The CRA 2015 makes numerous changes to consumer rights laws in the United Kingdom. Of particular interest to…

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Timur Bondaryev  (Arzinger)
The Antimonopoly Committee of Ukraine Adopted the Methodology for the Fines Calculation
September 22, 2015

On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law…

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Mark Katz  (Davies Ward Phillips & Vineberg LLP, Canada)
COMPETITION LAW CONSIDERATIONS FOR HR PROFESSIONALS
September 21, 2015

Company H.R. functions, such as recruitment and compensation, are not typically regarded as antitrust "hot spots" (as opposed to sales and marketing). Recent cases in the United States, however,…

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