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,...
Corporate governance is no longer just a hot topic for rarefied conversation; it is a permanent element in corporate valuations. This year, we witnessed the continuation of many trends th...
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...
Articles & Books
Getting the Deal Through − Corporate Governance 2014
Corporate governance remains a hot topic worldwide this year, but for different reasons in different regions. In the United States, this year could be characterised as largely ‘business...
For only the second time since it began reviewing mergers and joint ventures in 2008, when China’s Anti-Monopoly Law (“AML”) came into effect, MOFCOM has blocked a proposed transact...