News & Analysis as of

Competition Evidence

A&O Shearman

After Twenty Years, In Re Rail Freight Ends With Summary Judgment For Defendant Rail Companies After Judge Finds Inadequate...

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On June 24, 2025, the United States District Court for the District of Columbia granted defendant rail companies’ motion for summary judgment on a Sherman Act Section 1 claim. In a lengthy and sweeping multi-district...more

Davies Ward Phillips & Vineberg LLP

Class Action Grounded: Court Finds Insufficient Factual Basis for Airline Capacity Constraint Suit

The Ontario Superior Court recently refused to certify a class action against four international airlines. The plaintiff alleged that the airlines conspired to constrain capacity for transborder travel between the United...more

Mayer Brown

The Fundamental Importance of Gathering Sufficient Evidence to Carry Out Competition Dawn Raids – Part II

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Article 20 of Regulation N°1/2003 enables the European Commission ("Commission") to inspect undertakings when it suspects potential infringements of competition rules might have occurred. These unannounced inspections (called...more

Morgan Lewis

The Weakening of Business Secrecy Before French Judges: The Negative Counterpart of the Right to Evidence in a Fair Trial

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The French High Court has just handed down a ruling confirming the weakening of the force of business secrecy in the name of the right to evidence principle, based on the right to a fair trial found in article 6 of the...more

Stevens & Lee

Federal Court: No Sherman Act Violation Absent Anticompetitive Conduct and Anticompetitive Effects

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Back in late January, U.S. District Court Judge Xavier Rodriguez in the Western District of Texas granted summary judgment to Loredo Medical Center (LMC) and a locally-based interventional cardiology group (LMC Cardiology...more

Kilpatrick

New York federal court denies class certification for antitrust plaintiffs for the second time on predominance grounds

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For the second time, a New York federal district judge denied a motion for class certification filed by caustic soda purchasers, ruling that the plaintiffs had failed to meet the predominance requirement under Federal Rule of...more

Bennett Jones LLP

Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

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On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP...more

Stikeman Elliott LLP

Class Actions in Ontario: 10 Highlights from 2024

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2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more

Latham & Watkins LLP

10 Key Takeaways Developments in International Cartel Enforcement and Observations From Workshop

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Latham’s Antitrust & Competition Practice provides insight on the current state of enforcement, including more expansive views of what constitutes a cartel, enhanced detection tools, and what to expect next....more

White & Case LLP

CMA v CAT: High Court supports home search warrants in cartel cases

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On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic...more

Mayer Brown

English High Court Sets Aside Fundamental Rights to Support CMA Raids of Private Residential Premises | Consequences for...

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The English High Court has issued a landmark judgment confirming the ability of the UK Competition and Markets Authority ("CMA") to conduct raids of private residential premises when investigating suspected cartels....more

Stikeman Elliott LLP

Jensen v. Samsung: Federal Court of Appeal Confirms Evidentiary Requirement More Than “Mere Formality”

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In Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, the Federal Court of Appeal (the “Court”) upheld the lower court’s refusal to certify a proposed class action involving allegations that the defendants had breached...more

TransPerfect Legal

Leveraging Technology to Manage Big Data in Antitrust

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On 27 January, 2021, TransPerfect Legal Solutions (TLS) held the second day of the inaugural EU/UK Competition Regulation Virtual Conference. Day one focused on the changing regulatory landscape. Day two turned to the advent...more

Jones Day

Mid-Year Review of Key Global Trade Secret Developments

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A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

ArentFox Schiff

FTC Antitrust Decision Provides A Reminder: Emails and Texts Can and Will Be Used Against You

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The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation. After a multi-week trial, an FTC...more

Hogan Lovells

Indonesia's competition authority reforms organizational structure and procedural law

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On 1 July 2019 the Indonesian Competition Authority, Komisi Pengawas Persaingan Usaha (KPPU), reformed its organizational structure in order to gear up for a more efficient enforcement. As part of the organizational reform,...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

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On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

Hogan Lovells

CADE issues a new regulation to foster private antitrust enforcement in Brazil

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The Administrative Council for Economic Defense (CADE) has issued a resolution providing specific procedures and rules to be considered by private plaintiffs aiming to obtain access to evidence held by the CADE. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Staples-Office Depot Mergers, 1997 v. 2016: Changed Industry, Same Result"

On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its...more

BakerHostetler

FTC Investigations of Provider Healthcare Transactions: Am I at Risk?

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A recent article published in the Antitrust Law Journal titled "A Survey of Evidence Leading to Second Requests at the FTC," by Darren S. Tucker, an attorney advisor to an FTC commissioner who reviewed nonpublic information...more

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