Cartel Digest


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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.

The Antitrust Review of the Americas 2019

Partners David Higbee, Djordje Petkoski (both Washington, D.C.-Antitrust), Jessica Delbaum (New York-Antitrust), John Cove (San Francisco-Antitrust), Ryan Shores (Washington, D.C.-Antitrust/Litigation) and Todd Stenerson (Washington, D.C.-Litigation); and associate Mark Weiss (Washington, D.C.-Antitrust) authored the chapter “United States: Cartels” for The Antitrust Review of the Americas 2019 published by Global Competition Review in October 2018.

Insights on Designing Effective Merger Remedies

Partners David Higbee (Antitrust-Washington, D.C.), Geert Goeteyn (Antitrust-Brussels), Djordje Petkoski (Antitrust-Washington, D.C.), senior associate Özlem Fidanboylu (Antitrust-London) and associates Aleksandra Petkovic (Antitrust-New York) and Caroline Préel (Antitrust-Brussels) authored the chapter “Giving Effect to Remedy” in the 2018 edition of The Guide to Merger Remedies published by Global Competition Law Review in August 2018.

AG Wathelet Opinion: No Half-Baked Excuses on State Aid and the Incentive Effect

Advocate General Wathelet has issued his opinion in the Eesti Pagar preliminary ruling, [1] which if followed could have significant implications for Member States, national authorities and beneficiaries of State aid. Wathelet’s opinion is of particular interest as judgments on the existence and test for incentive effect are rare and the incentive effect is an essential element required for an aid measure to benefit from the General Block Exemption Regulation (GBER). It remains to be seen if the CJEU will follow the opinion in its judgment, expected later this year or in 2019.

DOJ Announces Reforms to Merger Review Process

Makan Delrahim, Assistant Attorney General for the U.S. Department of Justice Antitrust Division (“Division”), announced a series of reforms that aim to expedite the Division’s merger review process.

Stenerson and Shores Author Chapter for ICLG Guide to Competition Litigation

Partners Todd Stenerson (Washington, D.C.-Litigation) and Ryan Shores (Washington, D.C.-Antitrust), with the assistance of associate Rachel Mossman (Washington, D.C.-Antitrust), authored the USA chapter for the International Comparative Legal Guide (ICLG) to: Competition Litigation 2019, published by Global Legal Group.