Articles in Channel: Antitrust Law

Foreign investment update - Investment Canada Act filings in the second quarter of 2010

August 30, 2010 18:49

Shawn Neylan and Michael Kilby In the second quarter of 2010, the Investment Review Division of Industry Canada (IRD) received approximately 142 notifications in respect of the acquisition or establishment of Canadian businesses pursuant to the Investment Canada Act (ICA).  In addition, three...

California Supreme Court Limits Pass-on Defense

August 27, 2010 22:55

On July 12, 2010, the California Supreme Court addressed the issue of “whether under the Cartwright Act an antitrust defendant can defeat liability by asserting a pass-on defense.” Clayworth v. Pfizer, Inc., No. S166435, 2010 WL 2721021 (Cal. July 12,...On July 12, 2010, the California Supreme Cou...

Competition Bureau requires divestiture in Novartis / Alcon Transaction

August 27, 2010 13:01

On August 9, 2010, the Competition Bureau announced that it had entered into a consent agreement with Novartis AG to resolve competition concerns stemming from Novartis’ proposed acquisition of control of Alcon, Inc. The Bureau had concluded that, in the absence of a remedy, the acquisition...

Court upholds certification of class action in price-fixing case

August 25, 2010 15:28

Shawn Neylan and Sharon Seung In a judgment rendered June 8, 2010, the Ontario Superior Court dismissed a motion by FMC Corporation and FMC of Canada, Ltd. (collectively, FMC) for leave to appeal a September 28, 2009 decision certifying a class action. The motion was supported by Arkema Inc.,...

Competition Bureau reaches agreement in Teva/ratiopharm merger

August 25, 2010 15:05

On July 30, 2010, the Competition Bureau (Bureau) announced that it had reached a consent agreement with Teva Pharmaceuticals Industries Ltd. (Teva) and the Merckle Group, carrying on business as ratiopharm, requiring the divestiture of assets and associated licenses in relation to certain forms of...

Supreme Court Rejects Single Entity Treatment for the National Football League's Licensing Activities

August 04, 2010 00:41

On May 24, 2010, in a unanimous decision authored by Justice Stevens, the Supreme Court of the United States reversed the Seventh Circuit and held that because the 32 teams of the NFL are independent centers of decision-making and could potentially compete with each other for the licensing of their...

China Releases New Draft Monopoly Rules

August 04, 2010 00:35

On May 25, 2010, the Chinese State Administration of Industry and Commerce (“SAIC”) released new draft Rules On Monopoly Agreements (the “Rules”) for public comment. SAIC also released draft Rules Prohibiting Abuse Of Dominant Market Position and draft Rules On...

No Single Entity Here: California Federal District Court Holds Hospital and Independent Physician Practice Association Can Conspire For Antitrust Purposes

August 04, 2010 00:25

The U.S. District Court for the Eastern District of California recently held that a hospital and a physicians practice association, and a hospital and the physicians that provide services to it under contract, may be sufficiently distinct separate economic actors capable of conspiring with each...

U.K.'s Sweeping Anti-Corruption Legislation Increases Risk for Businesses

August 04, 2010 00:19

The United Kingdom's answer to the Foreign Corrupt Practices Act (FCPA) has arrived. The UK Bribery Act 2010, which received Royal Assent on April 8, 2010, is both stricter and broader than the FCPA. The U.K. Ministry of Justice announced on July 23, 2010, that the implementation of the Act will be...

Post-Closing herbicide merger remedy

July 30, 2010 17:26

Shawn Neylan and Michael Kilby On July 28, 2010, the Competition Bureau (Bureau) announced that it had reached an agreement with Nufarm Limited (Nufarm) in relation to its earlier acquisition of AH Marks Holding Limited (AH Marks) in March 2008, stating that commitments made to the Bureau by Nufarm...