A PYMNTS Company

Spring 2009, Volume 4, Number 2

APR-09(2)
 |  Dec 22, 2015

In this issue: FTC 13(b): The Controversy Regarding Preliminary Injunctions Kyle Andeer, Apr 30, 2009 Another Look at Process: Is There Really a Difference between Merger Litigation at the Agencies? This not only ignores the Congressional intent behind the FTC but it is not at all clear that expedited proceedings on the merits before lay […]

Doom or Gloom? The Experience of China’s Antitrust Law in the First 200 Days
 |  Apr 30, 2009

This article is part of a Chronicle. See more from this Chronicle Steve Yu, Apr 30, 2009 On August 30, 2007, the National People’s Congress of China adopted the Anti‐Monopoly Law (“AML”), the first ever comprehensive competition law of thelargest emerging market in the world. This was the culmination of 13 years oflegislative effort and […]

Illustrative Price Rises from Mergers in Differentiated Products Markets
 |  Apr 30, 2009

This article is part of a Chronicle. See more from this Chronicle David Parker, Apr 30, 2009 The approach taken by U.K. competition authorities to analyzing the extent of merger concerns in differentiated products markets has evolved over time. An approach which has been applied in an increasing number of cases, especially by the Office […]

FTC v. CCC Holdings: Message Received
 |  Apr 29, 2009

This article is part of a Chronicle. See more from this Chronicle Peter Love, Apr 30, 2009 Cirroc, the Unfrozen Caveman Lawyer from Saturday Night Live, consistently employed the same successful litigation tactic. While confessing confusion about many aspects of modern life, he could still say, “there is one thing I DO know . . […]

Likelihood of Success is Still Part of the Law, Even Under 13(b)
 |  Apr 28, 2009

This article is part of a Chronicle. See more from this Chronicle Paul Denis, Apr 30, 2009 The confusion following in the wake of the now infamous trio of opinions in Federal Trade Commission v. Whole Foods Market, Inc. has allowed some to argue that the FTC faces a lesser burden under Section 13(b) of […]

The FTC’s Stacked Deck under Section 13(b): Does CCC Holdings Herald a Return to the S-C-P Paradigm?
 |  Apr 28, 2009

This article is part of a Chronicle. See more from this Chronicle Thomas Lambert, Apr 30, 2009 The outcome of the district court’s decision in FTC v. CCC Holdings is not surprising, and an injunction against the CCC/Mitchell merger may well have been warranted. The reasoning the court employed, however, causes concern. By stacking the […]

Another Look at Process: Is There Really a Difference between Merger Litigation at the Agencies?
 |  Apr 28, 2009

This article is part of a Chronicle. See more from this Chronicle Kyle Andeer, Apr 30, 2009 The FTC has emphasized its unique role in antitrust enforcement and its administrative proceedings in these recent cases. Its position is grounded in the text of its authorizing statutes, Congressional intent, and longstanding legal precedent. Nevertheless, the FTC […]

Recent Developments in Concentration Control Rules under China’s Anti-Monopoly Law
 |  Apr 28, 2009

This article is part of a Chronicle. See more from this Chronicle Jun Wei, Apr 30, 2009 China has been fleshing out its concentration control regime since the Anti-Monopoly Law (“AML”) took effect on August 1, 2008. Since the AML took effect, Chinese authorities have issued both formal notification guidelines and draft notification rules to […]

China’s Anti-Monopoly Law: An Early Report Card
 |  Apr 28, 2009

This article is part of a Chronicle. See more from this Chronicle Lester Ross, Apr 30, 2009 China’s AML has been in effect for less than a year. The enforcement authorities are progressing with respect to structure and regulations. The Coca-Cola-Huiyuan decision has aroused concern that the competition provisions are being applied in a manner […]

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