A contract is an agreement between two parties for mutually enforceable obligations. For example, a contract is created when one person agrees to sell a good to another person, who agrees in turn to pay for that good. A contract could obligate a party to perform an action or service, to provide a good, to […]
In an antitrust case deciding a non-antitrust-specific issue, the US Supreme Court held in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.(the Vitamin C Antitrust Litigation) that to determine foreign law in federal courts, judges are not strictly bound by that foreign government’s statements. The judge should “accord respectful consideration to a foreign government’s submission,” but it […]
In an antitrust case deciding a non-antitrust-specific issue, the US Supreme Court held in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. (the Vitamin C Antitrust Litigation) that to determine foreign law in federal courts, judges are not strictly bound by that foreign government’s statements. The judge should “accord respectful consideration to a foreign […]
The complexity of global commerce inevitably leads to disputes between parties doing business together across borders, cultures and time zones. The increasing frequency, scale and complexity of commercial disputes has […]
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This article was taken from the recent IR Global – Meet the Members publication The application of the Swiss Cartel Act to international distribution systems is already part of the day-to-day business of the Swiss competition authorities. The recent practice of the Swiss Federal Supreme Court regarding hard core restraints further exacerbates this far-reaching practice.Switzerland is […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce F. Joseph Gormley of Gormley Jarashow Bowman. Joseph has joined IR as our exclusive competition law member in Maryland. F. Joseph Gormley has over 20 years of litigation and counseling experience representing businesses and executives in competition and business law matters, including antitrust, […]
As you may have heard, the Senate recently approved a new slate of FTC Commissioners. Among them is new Commissioner Rohit Chopra, who is a former assistant director at the Consumer Financial Protection Bureau and former advisor to the Secretary of Education. Commissioner Chopra was sworn in on May 2, 2018 and quickly announced one of his […]
Who’s Who Legal and Global Competition Review (GCR) have revealed their listing of lawyers believed by their peers to be the most eminent lawyers in the field of competition Law under the age of 45. Marie de Drouas has been selected and recognised by clients and peers in the Future Leaders Competition – Partners section of Who’s […]
Business can be brutal. Let’s say you have this business. Maybe you started it recently, or maybe you’ve been around for some time. But, in any event, you offer a good product or service. Customers like you and you are making money. This is—for many—the American dream. You have freedom, which plays itself out by […]
Until recently, trade secret misappropriation was mostly a matter of state law and, in many cases, litigants seeking relief were limited to state courts. But in 2016, Congress passed the Defend Trade Secrets Act (we’ll call it the DTSA for brevity), creating a federal private right of action for trade secret misappropriation that can be brought in state and […]
On April 10, 2018—the eve of my panel on state action immunity issues at the ABA Antitrust Spring Meetingin DC, the FTC granted, in essence, partial summary judgment against the Louisiana Real Estate Appraisers Board on state action immunity. You can read the FTC decision—hot off the press—right here. I won’t go into a lot of detail here as you […]
The revised Act on Therapeutic Products will bring significant changes to the Swiss healthcare system with respect to both undue material benefits as well as transparency. These obligations are going far beyond the Swiss code of conduct for the pharmaceutical industry. The Act on Therapeutic Products (ATP) is the main legislation for the authorization, manufacturing, […]