Nota Bene Episode 116: Challenging the U.S. Big Tech Antitrust Debate Assumptions: A Deep Dive with Thomas Dillickrath and Bill Margeson
In a highly anticipated move, the U.S. Department of Justice (“DOJ”) along with eight states filed a complaint against RealPage, Inc. for antitrust claims arising from its pricing software. The DOJ claims that RealPage has...more
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
DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands...more
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
On March 21, 2024, the U.S. Department of Justice (DOJ) and the attorneys general for 15 states and the District of Columbia filed a complaint against Apple in the District of New Jersey. The complaint alleges that Apple...more
The Antitrust Division of the U.S. Department of Justice (DOJ) suggested at the beginning of the year that it would consider criminally prosecuting monopolization conduct—a departure from antitrust enforcement of the past...more
Key Takeaways - ..U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. ..The elements...more
This week, during a panel discussion at the American Bar Association’s annual National Institute on White Collar Crime, Antitrust Division Deputy Assistant Attorney General Richard Powers sent shockwaves through the defense...more
The Anti-Monopoly Bureau of China's State Administration for Market Regulation ("SAMR") released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program...more
For the first time since China’s Anti-Monopoly Law (AML) came into force in 2008, the government is proposing major changes to its centerpiece antitrust legislation. On January 2, 2020, the State Administration for Market...more
In April 2020, Japan’s antitrust regulator, the Japan Fair Trade Commission (JFTC), issued draft rules and guidelines establishing, among other things, limited confidentiality protections for attorney-client communications...more
Just one month into the new year, Russian courts have already handed down three new criminal judgments for violations of anti-competition laws, a stark contrast to previous years that often passed without a single conviction...more
The 2019 Amendments to the Anti-Monopoly Act ("Amendments") including revisions to surcharge system (i.e., administrative fine system) will be fully in force within 2020. Accordingly, so-called attorney-client privilege will...more
On 19 November 2019, the State Administration for Market Regulation (“SAMR”) posted a draft of the Interim Measures on Rewards for Complaints Against Significant Illegal Conduct in the Market Regulation Field (“Draft Reward...more
Big Tech as well as other global companies will likely have to modify their business models - Japan’s growing e-Commerce market continues to benefit both businesses, which are able to reach more customers and reduce...more
On August 29, 2019, the Japan Fair Trade Commission ("JFTC") published a draft of new "Guidelines Concerning Abuse of a Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that...more
Six months after the amendment to the Economic Competition Law took effect, the Competition Authority published its position regarding the circumstances in which even an entity with less than a 50% market share may be deemed...more
In the last week of June 2019 a copy of a groundbreaking court ruling emerged on social media in China – the order by the Supreme People's Court (SPC) in the Yutai case. ...more
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes the enhancement of a surcharge (i.e., administrative fine), has passed on June 19, 2019.1 It will be effective no later than from December 25, 2020. The...more
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes reform of leniency system, has passed on June 19, 2019. New leniency system will be effective no later than from December 25, 2020....more
Japanese Cabinet Submits Bill to Amend Antimonopoly Act to Diet - On March 12, 2019, the Japanese Cabinet approved and submitted to the Diet a bill ("Bill") to amend the Act on Prohibition of Private Monopolization and...more
The Cabinet of Japan submitted a bill (the "Bill") to amend the Anti-Monopoly Act (the "AMA") to the Diet on March 12, 2019. The Bill includes amendments to (i) the method for surcharge calculations, (ii) the leniency system...more
On 20 July 2018, the new Chinese antitrust authority – the State Administration for Market Regulation (SAMR) – published two decisions sanctioning two ship tallying companies in Shenzhen for market partitioning and price...more
Ten years after the introduction of China's Anti-Monopoly Law, the functions and duties of the three agencies originally charged with enforcing the law's provisions are now unified under the direction of the newly formed...more
On December 9, 2016, the PRC National Development and Reform Commission (NDRC) handed down its decision against medical device company Medtronic for having concluded and implemented a vertical monopoly agreement by...more