Category Archives: Antitrust – Competition law

Antitrust and Competition Law news articles, reiews, notes and blog examples.

ABA Antitrust Spring Meeting is Next Wednesday to Friday

Over 3,100 delegates will be attending the Spring Meeting from over 65 countries. Of this group, 28% are international. Online registration is open if you have not yet registered and plan to attend. www.ambar.org/atspring.. To continue reading this legal news please click Read full information...

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Antitrust in Asia: ASEAN, China, Hong Kong, India by Concurrences Review

May 24 Antitrust in Asia: ASEAN, China, Hong Kong, India… by Concurrences Review HK$3,900 – HK$4,100 Actions and Detail Panel From HK$3,900 Tickets Event Information Description Panel Topics Panel 1: IP Licensing: Should Essential Patents be Challenged? Panel 2: Use….. To continue reading this legal news please click Read full information...

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Papering Over the Cracks: The GCEU Judgement in Case T-851/14 Slovak Telekom v Commission

Damien Geradin, Tilburg Law & Economics Center (TILEC); EUCLID Law; University College London – Faculty of Laws and Robert O'Donoghue, Brick Court Chambers are Papering Over the Cracks: The GCEU Judgement in Case T-851/14 Slovak Telekom v Commission. ABSTRACT: On….. To continue reading this legal news please click Read full information...

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Hell or High Water for Nidec

The phrase “come hell or high water” is said to have originated in the late 1800s in reference to the conditions cattle herders encountered when they trekked from Texas to the Midwest across large prairies in the summer heat and through deep rivers. In the merger context, a hell or high water (HOHW) clause requires a buyer to take all action necessary, including divestitures, to secure approval from competition authorities. On March 8, 2019 Whirlpool Corp. sued Nidec Corp. in the Southern District of New York alleging that Nidec breached its obligations under their Share Purchase Agreement (SPA) to take all actions required to secure antitrust approvals. The case highlights the importance of antitrust risk sharing provisions in merger agreements and how courts interpret HOHW provisions. The Whirlpool Complaint On April 24, 2018 Nidec and Whirlpool entered into the SPA for Nidec’s $1.1 billion purchase of Whirlpool’s Embraco compressor business unit.….. To continue reading this legal news please click Read full information...

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More Affordable and Innovative Medicines and Treatments in Europe – Has the Competition Enforcement Met the 2009 Objective?

A decade ago, the European Commission conducted a thorough sectoral inquiry into the European pharmaceutical sector that identified antitrust shortcomings impeding access to more affordable and innovative medicines and treatments. Concluding this inquiry by setting priority actions for the years to come, former Competition Commissioner Kroes called for “… more competition and less red tape …” (sic). Since this statement, there has been intense enforcement activity in the sector not only by the European Commission itself, but also by the European Union Member States’ antitrust authorities. In its report on “Competition enforcement in the pharmaceutical sector” issued on January 28, 2019, the European Commission takes stock of their actions in this space. The past enforcement record (2009-2017): intense activity, hard stance towards pharmaceutical companies with the use of novel or less known theories of harm Between 2009 and 2017, no….. To continue reading this legal news please click Read full information...

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