On February 5, 2014, Google settled its long-running legal battle with the European Commission caused by its overwhelming control (+90%) of Europe’s search engine market. Under the settlement, Google will offer a number of concessions to its competitors, such as a promise to display results from at least three competitors…
Increasingly, China's antitrust reviews of global transactions have resulted in long investigations delaying the closing of many deals. This article outlines the Chinese merger review process and summarizes some of China's merger decisions. Background China's Anti-Monopoly Law (“AML”) took effect on August 1, 2008. Three agencies enforce the AML. The…
On September 19, Joseph Wayland, head of the Antitrust Division of the Department of Justice, spoke of the Division's recent performance and future outlook at Georgetown Law's 6th Annual Global Antitrust Enforcement Symposium. In his speech, he highlighted recent successes in tough litigation cases such as the one brought against…
On September 20, 2012, Canada's Competition Bureau published the final version of its Enforcement Guidelines on the abuse of dominance provisions (sections 78 and 79) of the Competition Act. The Competition Bureau's release of the Enforcement Guidelines replaces all of the Bureau's previous publications on the abuse of dominance provisions.…
On June 27th, 2012, the 7th Circuit established elements extending the reach of United States antitrust law to certain cases where foreign companies engage in anticompetitive conduct outside the United States. (Minn-Chem, Inc., et al., v. Agrium Inc., No. 10-1712, slip op. (7th Cir. June 27, 2012)). Background In Minn-Chem,…
On December 30, 2011, China's Ministry of Commerce (“MOFCOM”), the government agency tasked with merger review, formally promulgated new rules providing MOFCOM with clear procedural rules (and powers) to investigate and deal with reportable transactions that were not notified. These Provisional Measures on the Investigation and Treatment of Failure to…
On September 23, 2011, the Seventh Circuit Court of Appeals dismissed a case brought by a group of corporations that filed an antitrust suit against the major players in the potash industry, ruling that plaintiffs failed to allege specific facts sufficient to plead a plausible “direct, substantial, and reasonably foreseeable”…
On June 14, 2011, the European Court of Justice decided that EU law allows third parties, who are suing cartel members for money damages, access to information and evidence gathered in criminal antitrust investigations. The decision may mean the end for leniency procedures, now that cartel members looking for a…
On January 26, 2011, in a surprising enforcement action, the Canadian Competition Bureau publically announced its application to the Competition Tribunal for an order to undo the consummated acquisition by CCS Corporation (“CCS”) of Complete Environmental Inc. (“Complete”) and its proposed Babkirk Secure Landfill in northeastern British Columbia (Babkirk”). The…
The European Union recently published new revised rules regarding the assessment of horizontal cooperation agreements (i.e. agreements concluded between competitors). These new modifications primarily concern issues of standardization, information exchange, and research and development (“R&D”). Now, businesses operating in the EU may better assess their compliance with EU antitrust law…