New and Updated in Antitrust (Q1 2015) | Practical Law

New and Updated in Antitrust (Q1 2015) | Practical Law

New from Practical Law Antitrust! A collection of the top resources we added or significantly updated in Q1 2015.

New and Updated in Antitrust (Q1 2015)

Practical Law Legal Update 1-612-3725 (Approx. 3 pages)

New and Updated in Antitrust (Q1 2015)

by Practical Law Antitrust
Published on 12 May 2015USA (National/Federal)
New from Practical Law Antitrust! A collection of the top resources we added or significantly updated in Q1 2015.
We're constantly expanding and updating our resources to reflect the latest developments in antitrust law. This list reflects some of the most important resources we added or substantially revised in Q1 2015:
  • Cartel Charts. We substantially updated our six charts tracking the Antitrust Division of the Department of Justice's (DOJ) ongoing cartel enforcement. Antitrust attorneys who litigate cartels or who counsel on compliance to help their clients avoid cartel behavior must stay abreast of the DOJ's enforcement policies on issues such as leniency and investigative procedures. The chart additions include new charges, plea agreements and orders in:
  • Foreign Trade Antitrust Improvements Act (FTAIA). We substantially updated this Practice Note to reflect recent decisions from the US Circuit Courts for the Ninth and Seventh Circuits as to what constitutes a direct effect on US commerce. The FTAIA governs who may bring a US antitrust claim involving foreign commerce. The Note discusses statutory interpretation and jurisdictional limits on US antitrust enforcement, as well as key cases.
  • Section 5 of the FTC Act: Nonmerger Competition Enforcement Actions Chart. We updated this Chart to reflect the US Court of Appeals for the Eleventh Circuit's decision in McWane, Inc. v. FTC, No. 14-11363 (11th Cir. Apr. 15, 2015). This chart tracks the Federal Trade Commission's (FTC) nonmerger competition enforcement actions brought under Section 5 of the FTC Act since 2009. The FTC Act allows the FTC to challenge and seek injunctive relief for unfair methods of competition including conduct that does not violate Sections 1 or 2 of the Sherman Act.
  • Federal Merger Enforcement Actions in 2014. This new Article reviews the merger enforcement actions brought by the FTC and the DOJ in 2014. Notable trends include a high level of FTC enforcement activity in the pharmaceutical sector and an increased use of up-front buyers by the DOJ.
  • Preparing a Witness for Depositions in Merger Investigations Checklist. This new Checklist helps outside counsel prepare clients who will be witnesses in depositions or investigational hearings taken by the FTC or DOJ during merger investigations.
  • Merger Control Filings in Top Ten Suspensory Jurisdictions. This new Chart sets out the top ten jurisdictions where merger control filings are required that are suspensory, meaning that the parties cannot close until they have obtained merger clearance from the relevant governmental authority. In particular, this chart sets out key aspects relating to merger control filings in those jurisdictions, including the merger thresholds, penalties for failure to file, filing fees and the substantive test for merger clearance.
To view all of our resources, please visit Practical Law, Antitrust.