The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct...more
7/18/2024
/ Anti-Monopoly ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
China ,
Competition ,
Corporate Counsel ,
Judicial Interpretation ,
Popular ,
Regulatory Reform ,
Risk Assessment
On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more
The U.S. Department of Justice Antitrust Division ("DOJ") recently resolved a criminal case with Teva Pharmaceuticals and Glenmark Pharmaceuticals via deferred prosecution agreements ("DPAs"), which include a novel remedy for...more
9/5/2023
/ Anti-Competitive ,
Antitrust Violations ,
Bid Rigging ,
Competition ,
Corporate Counsel ,
Criminal Antitrust Litigation ,
Criminal Conspiracy ,
Criminal Investigations ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Divestiture ,
Enforcement Actions ,
Generic Drugs ,
Health Care Providers ,
Healthcare ,
Indictments ,
Life Sciences ,
Pharmaceutical Industry ,
Popular ,
Price-Fixing ,
Teva Pharmaceuticals
The decision risks opening the door to increased forum shopping in states with consent-by-registration systems, but significant questions remain about the extent of those risks....more
On May 12, 2023, the Texas Senate passed House Bill 19. Once signed by Governor Greg Abbott, Texas will create a new specialized court that will alter how high-stakes business disputes are resolved....more
A Connecticut district court acquitted six defendants of criminal antitrust violations arising out of alleged employee no-poach agreements, marking the first dismissal of a U.S. Department of Justice, Antitrust Division's...more
A plea deal with a paving contractor follows the Department of Justice Antitrust Division's ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization....more
The DOJ Antitrust Division recently announced new requirements for DOJ's Leniency Program, which allows the first individual or company to self-report its involvement in an antitrust conspiracy to avoid prosecution and lessen...more
The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court.
On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more
The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign...more
The Situation: The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by...more
The Situation:The U.S. Department of Justice ("DOJ") has sued to block a proposed acquisition of Aleris Corporation by Novelis Inc. In an unprecedented move, the parties and DOJ agreed to refer the "dispositive" issue of...more
9/12/2019
/ Acquisitions ,
Antitrust Provisions ,
Arbitration ,
Blocked Mergers ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Section 7 ,
The Clayton Act
The Situation: In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the defendants in an anticompetition matter—who were China-based manufacturers of vitamin C—claimed that Chinese law required them to...more
6/27/2018
/ Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Exports ,
FRCP Rule 44.1 ,
Judicial Deference ,
Price-Fixing ,
Question of Law ,
Reversal ,
SCOTUS ,
Sherman Act
The U.S. Department of Justice indicted Bumble Bee Foods CEO Christopher Lischewski on price-fixing charges. Lischewski is the first CEO to be charged for his role in the alleged U.S. conspiracy to fix the price of packaged...more
The Situation: In what may have further muddied the waters of the viability of the recent U.S.-filed state law climate change litigation against industry, a second federal court in San Francisco has granted remand of three of...more
The U.S. Department of Justice's ("DOJ") Antitrust Division historically has extended leniency to cooperating companies and their current employees, even "highly culpable" employees who were very involved in the price-fixing...more