Archives: Antitrust Compliance

Subscribe to Antitrust Compliance RSS Feed

Recent cases highlight limitations in price-gouging enforcement

Since the start of the global pandemic, state attorneys general continue to actively pursue price-gouging investigations against individuals and entities, but courts seem to be taking a different, more business-friendly approach. Recent case developments and law amendments highlight the fact that price-gouging laws are subject to limitations. Our team explores these issues in our latest … Continue Reading

Price gouging in Europe: what are the rules and how has the pandemic shifted enforcement priorities?

Continuing our podcast series on price gouging laws, members of our global antitrust lawyers focus on the situation around price gouging (excessive pricing) in the EU, France, Germany and the UK in our latest instalment. The COVID-19 crisis has cast new light on excessive pricing practices in Europe, our team explains the impact the pandemic … Continue Reading

Is a robust compliance plan enough to ensure a discount from fines for anticompetitive activity?

In certain jurisdictions, having a tailored and comprehensive compliance programme in place may reduce the size of a fine resulting from anticompetitive activity. Members from across our global competition team have come together to analyse the approaches of key jurisdictions and whether they offer discounts for businesses that have breached competition rules but have a … Continue Reading

U.S. price gouging during COVID-19: A changing landscape

Our U.S. team members recently joined Reed Smith’s Countering the Crisis podcast to provide an overview of the U.S. laws around price gouging in light of COVID-19. The episode addresses various ways to spot and report alleged price gouging, as well as ways to protect against price gouging claims. Our team also shares their thoughts … Continue Reading

Regulatory aspects of investing in Germany – German legislator further extends foreign investment control regime

On 18 June 2020, the German Parliament agreed to further rules on tightening foreign investment control by adopting the First Act on the amendment to the Foreign Trade and Payment Act (Außenwirtschaftsgesetz – AWG). The first amendment to the AWG was published in the Federal Gazette on 16 July 2020 and entered into force on … Continue Reading

How can businesses ensure competition compliance?

Though competition compliance programmes may differ across jurisdictions, having one is widely regarded as essential. A way to ensure competition rules are effectively followed is to ingrain competition compliance into company culture. In our latest client alert, we consider the Competition and Markets Authority’s recent initiatives, and what steps businesses can take to foster a … Continue Reading

COVID-19 pandemic accelerates the extension of foreign investment control in Germany with regard to transactions in the health care sector

The German Federal Ministry for Economic Affairs and Energy implemented further amendments to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – AWV) due to the COVID-19 pandemic to prevent the buyout of German companies active in the health care and infection protection sectors by investors from outside the EU (or EFTA). The amendment entered into … Continue Reading

Competition law during the COVID-19 pandemic: several shades freed?

A version of this article was previously published in French by Le Club des Juristes. Following the economic shock caused by the COVID-19 pandemic, the French and European competition authorities announced certain changes to competition law. Companies will be able to cooperate in certain sectors, in particular with a view to promoting the supply, production … Continue Reading

Ninth Circuit’s decision in hiQ Labs, Inc. v. LinkedIn Corp. has major antitrust implications

In hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, 2019 WL 4251889 (9th Cir. Sept. 9, 2019), a Ninth Circuit panel affirmed the district court’s grant of a preliminary injunction in favor of hiQ, which prohibited LinkedIn from denying access to publicly available data on LinkedIn profiles. The Ninth Circuit declares that selectively banning potential … Continue Reading

Changes in California could see significant impact on the price of prescription drugs

California Governor Gavin Newsom recently signed an Executive Order to allow state agencies to join together and negotiate the purchase of prescription drugs. This measure could significantly reduce the cost of drugs and therefore will most certainly impact pharmaceutical manufacturers, managed care companies, pharmacies and other industry participants, as well as prescription drug consumers. For … Continue Reading
LexBlog