Due to the popularity of this blog -- over 100,000 hits so far -- we are pleased to announce that we will be updating the content on a bi-weekly (versus monthly) basis to keep you informed about issues, cases and news that have implications for your business.
The first three articles below are NEW!
In light of the continued globalization of business activities, and the increasing number of mergers that are subject to review under merger laws in more than one jurisdiction, the Organization for Economic Co-operation and Development ("OECD") published on March 23, 2005, a Council Recommendation, on merger review best practices.
Continue Reading...Ms. Nellie Kroes, the European Competition Commissioner, delivered a speech on April 7, 2005, on the effective enforcement of European Community competition law. Speaking at the International Forum on Competition Law in Brussels, the Commissioner focused on cartel enforcement, in particular, which she has highlighted in previous speeches as one of her highest priorities during her time in office.
Continue Reading...Canada's Commissioner of Competition has sought leave to intervene in an appeal by Apotex Inc. in Eli Lilly and Co. v. Apotex Inc., [2004] FC 1445, a decision of the Federal Court delivered last fall. Apotex holds that a mere assignment of patents does not constitute a cause of action under Section 45 of Canada's Competition Act, R.S.C. 1985, c. C-34, even when it results in a monopoly.
Continue Reading...The Sheppard Mullin Antitrust Law Blog has been updated with current antitrust regulatory and litigation matters published by the Antitrust Practice Group, based in the Washington, D.C. office of Sheppard, Mullin, Richter & Hampton LLP.
In the aftermath of the entry of the Multistate Tobacco Settlement Agreement ("MSA"), and enactment by the California Legislature of legislation to implement the terms of the MSA, a class of California consumers, who purchased cigarettes manufactured by one or more of the settling defendant tobacco manufacturers, claimed that the MSA and the state legislation constituted an "anticompetitive hybrid agreement", in violation of Section 1 of the Sherman Act and the California Cartwright Act and Unfair Competition Act.1
Continue Reading...Amendments to United States Sentencing Guidelines Which Increase Antitrust Penalties Submitted to Congress
On April 15, 2005, the United States Sentencing Commission ("USSC"), an independent agency in the judicial branch of the federal government, voted unanimously to adopt amendments to the United States Sentencing Guidelines (the "Guidelines").1 The amendments, which follow a series of major developments in the sentencing system, increase the advised penalties for antitrust offenses in response to the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (the "Antitrust Penalty Enhancement Act")2 which increased the maximum sentences for individuals convicted of Sherman Act offenses from three years to ten years.
Continue Reading...California State Senator Figueroa (D-Fremont), Chair of the California Senate's Business and Professions Committee, has introduced SB 582, a bill that would require retailers to disclose "slotting allowances" paid by suppliers. Slotting allowances are payments a supplier makes to a retailer for placement of the supplier's product on the retailer's shelves.
Continue Reading...The Antitrust Division continues to send a strong message to businesses, executives, and individuals engaged in potential bid rigging and price fixing schemes. Recent investigation of ready mixed concrete industry, roofing products industry, and the E-rate program have resulted in guilty pleas and indictments. The recent activity indicates that the Antitrust Division continues to make criminal enforcement a priority.
Continue Reading...The Sheppard Mullin Antitrust Law Blog has been updated with current antitrust regulatory and litigation matters published by the Antitrust Practice Group, based in the Washington, D.C. office of Sheppard, Mullin, Richter & Hampton LLP.
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