In this issue:
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FTC 13(b): The Controversy Regarding Preliminary Injunctions
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 judges is the best model to decide merger challenges.
Likelihood of Success is Still Part of the Law, Even Under 13(b)
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 Act, 15 U.S.C. § 53(b), to show likelihood of success than is faced by DOJ under Section 15 of the Clayton Act, 15 U.S.C. § 25 or private litigants under traditional equity standards.
The FTC’s Stacked Deck under Section 13(b): Does CCC Holdings Herald a Return to the S-C-P Paradigm?
A less deferential standard for granting injunctive relief, such as that applicable to injunction requests by the U.S. Department of Justice (“DOJ”), would ensure that important non-structural factors receive due attention and would thereby enhance the quality of pre-merger review.
FTC v. CCC Holdings: Message Received
The court in CCC Holdings (1) unambiguously followed Whole Foods (despite there being no majority opinion), (2) received the message that lower courts really should apply “serious questions” as the standard for FTC requests for a preliminary injunction, and (3) concluded that this standard sets a relatively low bar for the FTC to obtain a preliminary injunction.
China’s Anti-Monopoly Law: The First 200 Days
China’s Anti-Monopoly Law: An Early Report Card
China’s AML has been in effect for less than a year. The enforcement authorities are progressing with respect to structure and regulations.
Recent Developments in Concentration Control Rules under China’s Anti-Monopoly Law
To date, China’s concentration control rules remain rudimentary compared with their more developed counterparts in the United States and European Union, and uncertainties surrounding the review standards and procedures abound.
Doom or Gloom? The Experience of China’s Antitrust Law in the First 200 Days
On August 30, 2007, the National People’s Congress of China adopted the Anti‐Monopoly Law (“AML”), the first ever comprehensive competition law of the largest emerging market in the world. This was the culmination of 13 years of legislative effort and debate since the first draft of this law was originally conceived.
Of Special Interest
Illustrative Price Rises from Mergers in Differentiated Products Markets
This article describes the illustrative price rises technique, identifies the data required to employ it, and briefly explains how these data might be captured in practice.
