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Results: 11-20 of 29

FTC and DOJ issue final revised horizontal merger guidelines
  • McDermott Will & Emery
  • USA
  • August 20 2010

The final revised Horizontal Merger Guidelines, which resemble the draft guidelines issued in April 2010, remain focused on actual competitive effects over technical market definition in determining the FTC's and DOJ's merger enforcement posture


FTC proposes changes to Hart-Scott-Rodino notification rules and form
  • McDermott Will & Emery
  • USA
  • August 18 2010

While changes proposed by the FTC to the Hart-Scott-Rodino (HSR) Antitrust Improvements Act may decrease the burden of reporting by eliminating the need to gather certain data, they will significantly increase the burdens in other areas, and an overall net increase in the effort required to prepare HSR filings is expected


New merger guidelines underscore importance of internal planning documents
  • McDermott Will & Emery
  • USA
  • August 26 2010

New Horizontal Merger Guidelines recently released by the Federal Trade Commission and U.S. Department of Justice emphasize the competitive effects of potential alignment transactions and place a premium on internal planning materials


Compliance warning for "dawn raids"
  • McDermott Will & Emery
  • European Union
  • June 8 2010

On 4 June 2010 the European Commission announced that it had opened formal proceedings against French group Suez Environnement concerning an alleged breach of a seal affixed during a Commission on-site inspection ("dawn raid") at the premises of the group's subsidiary, Lyonnaise des Eaux in April of this year


Kansas Supreme Court decision declares resale price maintenance per se illegal under state antitrust statute
  • McDermott Will & Emery
  • USA
  • May 14 2012

The Kansas Supreme Court recently determined resale price maintenance is per se illegal under state law, becoming the latest state to reject the rule of reason standard mandated by the Supreme Court of the United States. The decision serves as a reminder that although a supplier’s pricing policies may be permissible under federal law, they may nevertheless be subject to per se condemnation under certain state statutes


Reverse payment settlements
  • McDermott Will & Emery
  • USA
  • November 7 2011

On Monday, a California state court of appeal affirmed a lower court's ruling upholding a "reverse payment" (pay-for-delay) settlement between Bayer (Bayer) AG and Barr Pharmaceuticals (Barr


CEO fined for H-S-R Act violation on acquisition of stock-based compensation
  • McDermott Will & Emery
  • USA
  • January 31 2012

In December 2011, the United States Department of Justice (DOJ) announced that a public company chief executive officer (CEO) will pay a $500,000 civil penalty to settle charges that he violated Hart-Scott-Rodino Act (H-S-R Act) premerger reporting and waiting period requirements


US Department of Justice investigation into hedge fund activities
  • McDermott Will & Emery
  • USA
  • March 9 2010

To be certain of avoiding financial and criminal penalties for infringement of US and EU rules on anti-competitive behaviour, hedge funds should remain vigilant in applying basic antitrust principles in all communications with competitors


Merger control: gun jumping goes global
  • McDermott Will & Emery
  • European Union, USA
  • June 28 2010

Broadly defined, "gun jumping" refers to unlawful premerger coordination between the parties to an M&A transaction


First antitrust settlements reached with European Commission
  • McDermott Will & Emery
  • European Union
  • June 22 2010

The European Commission's new settlement procedure in antitrust cases offers potential benefits that can be significant