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US beats appeal of insurance merger block

US beats appeal of insurance merger block

28 April 2017

A divided federal appeals court today upheld a decision to stop two of the largest health insurers in the US from merging, potentially rendering irrelevant a separate court battle between the companies themselves.

ECJ dismisses banana cartelists’ final appeal

ECJ dismisses banana cartelists’ final appeal

28 April 2017

In proving the existence of a cartel, the European Commission can rely on evidence sent by non-competition agencies so long as the evidence was legally sent, the Court of Justice held yesterday.

Collusion via AI still a cartel, Laitenberger says

Collusion via AI still a cartel, Laitenberger says

28 April 2017

The European Commission is on the lookout for companies that use algorithms that independently engage in anticompetitive conduct, the authority’s director general for competition said this week.

Roth, Whish and Kubik: no problem with object/effect divide in public and private enforcement

28 April 2017

Three antitrust experts yesterday agreed that enforcers’ by-object analysis forcing private plaintiffs to do the legwork on proving anticompetitive effects is acceptable.

DOJ tackles waste disposer’s failing firm defence

DOJ tackles waste disposer’s failing firm defence

GCR USA - 28 April 2017

The Department of Justice yesterday pointed to upcoming business contracts worth tens of millions of dollars to support its argument that Waste Control Specialists is not in as big a financial hole as the would-be merger target claims to be.

GE loses antitrust suit over medical machinery

GE loses antitrust suit over medical machinery

GCR USA - 28 April 2017

General Electric caused nearly $44 million in antitrust damages to 17 companies that service or refurbish GE anesthesia machines throughout the US, a federal jury found on Wednesday.

Mayday Mayday: The Tipline for 28 April 2017

GCR USA - 28 April 2017

As the UK takes a bank holiday for 1 May, Tipline will be back in your inbox on Tuesday. In the meantime, we have coverage of a rare antitrust jury award to injured competitors, and of the way that the even-more-rare failing firm defence is playing out in a merger challenge this week.

ECJ widens parental liability in Akzo Nobel ruling

ECJ widens parental liability in Akzo Nobel ruling

27 April 2017

The European Court of Justice today dismissed Akzo Nobel’s appeal against fines in the heat stabiliser cartels, ruling that a parent company may be held liable for the conduct of its subsidiaries, even if the limitation period has expired.

India goes after Roche for ripping rivals

India goes after Roche for ripping rivals

27 April 2017

The Competition Commission of India has greenlighted its investigative branch to probe Swiss drugmaker Hoffmann La-Roche for allegedly trying to sabotage Mylan Pharmaceuticals and another company from entering a cancer drug market.

AG Kokott slams DG Comp uncertainty on joint venture

AG Kokott slams DG Comp uncertainty on joint venture

27 April 2017

An advocate general at the EU’s Court of Justice today criticised the European Commission for flip-flopping on its jurisdiction over an Austrian deal – the first-ever reference for a preliminary ruling on the EU’s merger control regime – and advised the court on when non-fully functional entities in a joint venture are subject to EU law.