With a Carrot and a Stick: Fine Discounts for Cooperation Return to Abuse Enforcement

On 20 September 2016, the European Commission fined Altstoff Recycling Austria (“ARA”) under Article 102 TFEU for abusing its dominant position in the Austrian waste management market by blocking its downstream competitors from reasonable access to its necessary upstream infrastructure.

Tweet Like LinkedIn LinkedIn Google Plus

FERC Considers “Streamlining” Analysis of M&a Approval and MBR Authority

FERC Considers “Streamlining” Analysis of M&a Approval and MBR Authority

The Federal Energy Regulatory Commission (“FERC”), in a recent Notice of Inquiry (NOI), is exploring whether to revise its current approach to identifying and analyzing market power in the context of Federal Power Act Section 203 (utility mergers and acquisitions) and 205 (market based rate authorizations). 

Tweet Like LinkedIn LinkedIn Google Plus

D.C. Circuit Upholds Constitutionality of SBA’s 8(a) Program

Earlier this month, in Rothe Development, Inc. v. Department of Defense, the D.C. Circuit upheld the constitutionality of the Small Business Administration (“SBA”) 8(a) program by rejecting arguments that the Small Business Act contains an unconstitutional classification based on race. 

Tweet Like LinkedIn LinkedIn Google Plus