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During the past week, there have been a number of news reports regarding Bloomberg’s analysis that since 2011, only seven of the 174 people nominated to boards by five of the largest U....
The memorandum addresses today’s announced changes to both the HSR premerger notification filing thresholds and the thresholds that trigger, under Section 8 of the Clayton Act, a prohib...
The past year (2015) saw the seventh year of China’s Anti-Monopoly Law (“AML”). This note identifies several significant trends in Chinese antitrust enforcement and illustrated the...
Over three years ago, MOFCOM conditioned its clearance of two hard disk drive transactions on unprecedented hold separate remedies which precluded realization of many of the synergies and...
The Federal Trade Commission commits to weighing costs and benefits of conduct at issue before bringing actions against “unfair methods of competition” under Section 5 of the FTC Act,...
First appellate court decision applying FTC v. Actavis (S.Ct. 2013). Court finds rule of reason analysis should be applied where non-cash consideration - including agreement not to launch...
In November of 2013, the Federal Trade Commission (“FTC”) promulgated a rule that required a Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) filing when a transaction res...
In New York v. Actavis PLC, No. 14-4624 (2nd Cir. May 22, 2015), the United States Court of Appeals for the Second Circuit became the first appellate court to address a pharmaceutical ind...
Proxy access is back in the news and back on the agenda for many U.S. public companies. Four years after the DC Circuit invalidated the SEC’s proxy-access rule, we are seeing company-by...
This year marked the sixth anniversary of China’s Anti-Monopoly Law (“AML”) and a year of significant developments for antitrust enforcement in China.
China has three separate antit...