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Advocate General Urges European Court To Get Strict With Parents Of Misbehaving Subsidiaries

Posted  12/18/12
The European Court of Justice is being urged to get stricter with parents of misbehaving subsidiaries in an appeal that highlights the controversial issue of to what extent parent companies should be held liable for illegal cartel activities committed by their wholly-owned subsidiaries. Juliane Kokott, the German Advocate General at the Court of Justice of the European Union, has submitted a brief to the European...

European General Court Shuts Down Fishing Expedition In Competition Investigation

Posted  12/11/12
The European General Court has ruled that the European Commission overstepped its authority by conducting a broad reaching competition investigation in electric cable markets that amounted to a “fishing expedition.” The General Court annulled much of a European Commission decision that ordered an inspection of Nexans SA and its wholly-owned subsidiary Nexans France SAS – two French companies active in the...

DOJ Calls For Greater International Antitrust Cooperation

Posted  10/3/12
The expansion of international cooperation in antitrust enforcement in recent years is likely to continue and benefit both businesses and consumers, according to a top U.S. antitrust enforcer. Joseph Wayland, Acting Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice, surveyed the benefits of international cooperation among antitrust authorities in a recent speech at the...

British Competition Authorities Revise Penalty Guidelines

Posted  09/27/12
The Office of Fair Trading (the “OFT”) – the United Kingdom’s consumer and competition authority – has announced new guidelines for setting penalties for violations of British competition laws. The most drastic change contained in the new guidelines increases the maximum starting point for calculating a penalty from 10 to 30 percent of a company’s relevant turnover. The OFT indicated that it is...

Europeans Eying Whether It’s Déjà Vu All Over Again In New Microsoft Browser Probe

Posted  07/23/12
The European Commission has opened an investigation to determine whether Microsoft failed to comply with its 2009 commitment to the Commission to encourage Internet browser competition by providing Windows users in Europe with a screen showing the 12 most popular browsers. In December 2009, the Commission’s competition office found that Microsoft’s practice of offering only its browser, Internet Explorer, to...

Supremes To Return To Health Care Market

Posted  07/9/12
As the United States continues to process the Supreme Court’s opinion on the constitutionality of the Affordable Care Act, the Court has accepted another important case in the health care industry. The Supreme Court has granted the FTC’s petition challenging a hospital merger in Federal Trade Commission v. Phoebe Putney Health System, Inc.  Antitrust practitioners are closely following the case because the...

Cable Companies Facing Antitrust Investigation Of Video Streaming Limits

Posted  06/15/12
The U.S. Department of Justice (“DOJ”) is conducting an investigation to determine whether or not Internet usage caps and subscription perks offered by large cable and Internet providers violate antitrust laws by unreasonably restraining streaming video. The Wall Street Journal has reported that the DOJ’s Antitrust Division has spoken about Internet data caps with Comcast, Time Warner Cable, and other cable...

Proposed Universal-EMI Merger Could Remix Antitrust And Copyright Law

Posted  06/7/12
The proposed Universal-EMI merger could lead to another remix of antitrust and copyright law as regulators grapple with consolidation in the recorded-music business. Notably, the proposed acquisition could affect digital sampling, the technique musicians use to digitally copy and remix sounds from existing albums into a new sound recording. The FTC and the European Commission are reviewing the proposed merger...

Microsoft Restrictions On Web Browsers Draw Competitors’ Ire

Posted  05/23/12
Microsoft’s restrictions on third-party web browsers in its upcoming Windows RT mobile operating system is drawing criticism from the general counsel of the Mozilla Foundation, the non-profit organization responsible for the development of the popular Firefox web browser. Google, which has developed its own Chrome web browser, has wasted no time in joining Mozilla’s criticism. Windows RT is a slimmed-down...

Recorded Music Market Consolidation Comes Under Senate Scrutiny

Posted  05/21/12
The latest round of music industry consolidation is coming under antitrust scrutiny as the antitrust subcommittee of the U.S. Senate Judiciary Committee prepares for a hearing examining Universal Music Group’s proposed acquisition of the recorded-music business of EMI Music Ltd. If the proposed $1.9 billion acquisition is approved, the number of major music labels will be half of what it was in the...
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