Cartels are a surprisingly persistent feature of economic life. The temptation to rig the game in one’s favour is constant, particularly when demand conditions are weak and the product in question is an undifferentiated commodity.
Key topics covered in this and future editions include the constraints imposed by antitrust on licensing, the circumstances under which a refusal to license intellectual property rights can be unlawful, the imposition of antitrust obligations on owners of standard-essential patents, the application of antitrust law to cross-border e-commerce, the growing importance of intellectual property issues in merger cases, and the intense disputes regarding the application of antitrust law to patent settlements in the pharmaceutical industry.
In this first edition of the Banking Litigation Law Review, it is striking how similar the issues are that face banks and those who advise them across various legal systems. All countries experienced the effects of the global financial crisis from 2008 onwards and these implications have been far-reaching in many ways. They have given rise to much litigation and consequently led to developments in the law.
The Acquisition and Leveraged Finance Review is intended to serve as a starting point in considering structuring and other issues in acquisition and leveraged finance, both generally but also particularly in cases where more than just an understanding of the reader’s own jurisdiction is necessary.