The United Kingdom has voted to leave the European Union.
February 01, 2017
In September 2016, the EU General Court (GC) issued its long-awaited decision in the Lundbeck case – the first ever European judgment on the legality of reverse payment patent settlement agreements.
In an opinion issued on September 20, 2016, In re: Vitamin C Antitrust Litigation, the Second Circuit unanimously held that US courts must respect a foreign government's—in this case, China's—interpretation of its laws or regulations where the foreign government directly participates in United States (US) court proceedings and demonstrates a true conflict of laws between the two countries. This long-awaited opinion, vacating a 2013 antitrust price-fixing jury verdict against Chinese vitamin C manufacturers, opens US antitrust and other laws to more comity arguments, particularly from businesses in China. In recognizing the unique nature of China's economic-regulatory system, the Court’s decision represents a victory for the Chinese defendants and offers a possible defense for businesses that face different and contradictory sets of laws or regulations abroad.
A number of significant non-criminal matters were concluded in 2016, by way of negotiated settlement or decisions by the Competition Tribunal (the “Tribunal”).
On Thursday 20 October 2016, Advocate General Wahl (AG Wahl) issued his long-awaited opinion in the Intel case. This is the case that in 2009 led to fines of over €1 billion being imposed on Intel in respect of rebates and other “naked restrictions” which the European Commission found had been intended to exclude competition by Intel’s rival, AMD, in manufacture of a particular type of microprocessors used in computers (x86 CPUs).
The United Kingdom’s June 23, 2016 vote to leave the European Union, known as Brexit, triggered a political and economic earthquake.
On 27 July 2016, the French Competition Authority (the “FCA”) approved the acquisition of Darty by Fnac and has for the first time in France and Europe considered the market for the retail distribution of certain domestic electronic products to include both online and in-store sales. Due to the FCA’s decision, the tie-up - equating to approximately 1 billion with the aim to create a new entity consisting of about 400 stores - received approval subject to the divestiture of merely 6 of them.
The competition authorities in South Africa are well-known for imposing diverse and interventionist conditions on merger transactions which have an impact on the public interest in South Africa.
A partial success for shipping lines; Relevance of the Commission’s proposal beyond the shipping sector; Consequences of the proposed order for the shipping industry
As global rates of obesity and related diseases continue to rise, consumers around the world are becoming more health conscious, and are expecting their food products to reflect their desire for healthier options.
January 31, 2017
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