Saturday, September 15, 2012

The Supreme Court of Chile Upholds Record Fines for Pharmaceutical Industry Cartel (Article)

By Benjamin Gomez, Attorney at Law, UC Berkeley LL.M. candidate 

On Friday September 7th, 2012, the Supreme Court of Chile released a final decision on one of the most important cases in the recent history of Chilean competition law.

The unanimous decision affirmed the ruling of the Antitrust Tribunal (Tribunal de Defensa de la Libre Competencia – TDLC) on January 31st of this year, which found two of the three major pharmaceutical companies in Chile, Salcobrand and Cruz Verde, guilty of collusion, in what can be considered the biggest cartel case assessed by modern antitrust authorities in Chile since their creation. The third company involved – Farmacias Ahumada – was deemed free from all liability by participating in a groundbreaking agreement of what would become the current leniency program (Chile’s version of a whistle-blower program) implemented by the National Antitrust Prosecutor (Fiscalia Nacional Economica – FNE).

Wednesday, September 5, 2012

Why the FTC should block the Universal/EMI merger (Article)

By Gabriel Bluestone, antitrust attorney, Girard Gibbs LLP, San Francisco

Antitrust enforcement has seen a welcome revival during President Obama’s first term. A highlight of this resurgence was the Department of Justice’s suit to block the proposed mega-merger between AT&T and T-Mobile last fall. Following an exhaustive investigation, the DOJ challenged and ultimately blocked the proposed merger in an effort to maintain a competitive wireless marketplace and ensure that the antitrust laws remained, as Justice Marshall stated, “the Magna Carta for free enterprise.”