Cartel Digest


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CPI Chronicle: The Department of Defense’s Role in Merger Review

Partners Ben Gris, David Higbee, Djordje Petkoski and associate Mark Weiss (all Washington, D.C.-Antitrust)  authored the article “The Department of Defense’s Role in Merger Review” for the April edition of Competition Policy International’s Antitrust Chronicle. The article provides an overview of the organization and leadership of the Office of Industrial Policy and discusses its involvement in the antitrust review process.

The FTC’s Consent Decree in the Staples/Essendant Deal

Partner Ben Gris and associate Mark G. Weiss (both Washington, D.C. – Antitrust) authored an article in The M&A Lawyer titled “The FTC’s Consent Decree in the Staples/Essendant Deal Sets the Playing Field for the New Commission’s Split on Antitrust Enforcement.” The article notes that the length and depth of the review shows that the FTC is quite active and thorough, even when investigating vertical deals.

Aliende Rodriguez Quoted in GCR on Nike Fine by European Commission

Partner Elvira Aliende Rodriguez (Brussels-Antitrust) was quoted by Global Competition Review in the article “EU fines Nike for vertical restraints” that was published on March 25 after the European Commission published their press release that they fined Nike for restricting cross-border sales of merchandising products.

James Webber Quoted in Global Competition Review

Partner James Webber (London-Antitrust) was quoted in Global Competition Review’s article on his insights around the Competition and Markets Authority (CMA) review process for companies pursuing a merger.

FTC Increases HSR Thresholds Effective April 3, 2019

The U.S. Federal Trade Commission (FTC) has revised, and once again raised, the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”).

The Seventh Circuit Shows Steely Resolve in Scrapping a Putative Class of Indirect Purchasers

Associate Mark Weiss (Antitrust-Washington, DC), writing for the American Bar Association’s Cartel & Joint Conduct Review Winter 2019 edition, analyzes the Seventh Circuit Court of Appeals decision to affirm a lower court’s dismissal of a putative class action by indirect purchaser plaintiffs alleging that seven U.S. steel producers conspired to fix prices on the sale of steel products in the United States.

US NOPEC Developments: Update for National Oil Companies

On Thursday, 7th February, the Judiciary Committee of the U.S. House of Representatives approved the No Producing and Exporting Cartels Act 2019 (NOPEC), potentially setting up a vote by the full House. NOPEC was followed by similar bill, introduced in the Senate by Republican Senator Chuck Grassley (who is a strong supporter of the U.S. ethanol and biofuel industries). This bill has picked up support from senators in both parties.

The Italian Unilever Judgment on Exclusive Dealing

Partner Geert Goeteyn (Brussels-Antitrust) has co-authored the article “The Italian Unilever Judgment on Exclusive Dealing: Helpful Clarification or Misguided Limitation of the Court of Justice’s Intel Ruling?”

Pharmaceutical Industry Antitrust Handbook

Associate Timothy Slattery (Antitrust-Washington, DC) has contributed to the Pharmaceutical Industry Antitrust Handbook (2nd Ed.) published by the American Bar Association.

Sample Shaming : FDA’s Open Letter on Access to Samples

Senior associate Timothy Slattery (Washington, D.C.-Antitrust) has authored the article “Sample Shaming: FDA’s Open Letter on Access to Samples Under REMS Programs Publically Calls Out Branded Drug Manufacturers to Aid Generic Entry” in Antitrust Advisors, a publication of the American Health Lawyers Association Antitrust Practice Group. The article was published in September 2018.

ICLG : Cartels & Leniency 2019

Partners Matthew Readings (London-Antitrust), Elvira Aliende Rodriguez and Geert Goeteyn (both Brussels-Antitrust); counsel Paolisa Nebbia (Rome/ Milan-Antitrust) and Mathias Stöcker (Frankfurt-Antitrust); and associate Ruba Noorali authored various chapters of the International Comparative Legal Guide to: Cartels & Leniency 2019.

IP & Antitrust Know-How 2018

Partners Jessica Delbaum (New York-Antitrust) and David Higbee (Washington, D.C.-Antitrust) co-authored the chapter “United States” for IP & Antitrust Know-How 2018” published by Global Competition Review.