• National harmonisation of environmental regulation

    National harmonisation of environmental regulation

    February 01, 2017

  • Major pipelines flowing forward: Trans Mountain Expansion and Keystone XL updates

    Further to the updates we published in the fall of 2016 regarding the status of major pipelines and liquefied natural gas projects in BC and across Canada, January decisions concerning the Trans Mountain Expansion project and Keystone XL pipeline suggest that 2017 may continue to produce significant legal developments for Canadian export pipelines.

    February 01, 2017

  • Brexit - What next?

    The United Kingdom has voted to leave the European Union.

    February 01, 2017

  • Will the GC’s Lundbeck decision be overturned on appeal?

    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.

    February 01, 2017

  • Chinese companies win: US Antitrust judgment vacated on comity grounds

    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.

    February 01, 2017

  • Highlights of Competition Law Enforcement in Canada, 2016: Civil Matters

    A number of significant non-criminal matters were concluded in 2016, by way of negotiated settlement or decisions by the Competition Tribunal (the “Tribunal”).

    February 01, 2017

  • Assessing abuse of dominance: Change of approach imminent?

    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).

    February 01, 2017

  • Brexit: Merger Review Implications and Recommendations

    The United Kingdom’s June 23, 2016 vote to leave the European Union, known as Brexit, triggered a political and economic earthquake.

    February 01, 2017

  • Acquisition of Darty by Fnac: the competition watchdog modernizes its view to define a market by including in-store and online retail channels

    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.

    February 01, 2017

  • Increased focus on public interest considerations in South African merger control

    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.

    February 01, 2017

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