Food & Beverage Law360 provides breaking legal news and analysis on the food and beverage industry. Coverage includes litigation, policy developments, and corporate deals across the entire food and beverage supply chain, including agribusinesses, manufacturers, distributors, retailers, and restaurants.
In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.
Given the relatively small presence of Whole Foods in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online grocery market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop, co-head of Manatt Phelps & Phillips LLP's antitrust and competition practice group.
In April, the U.S. Supreme Court remanded U.S. Equal Employment Opportunity Commission v. McLane back to the Ninth Circuit to apply an abuse of discretion standard of review. Unsurprisingly, the Ninth Circuit relied on its earlier analysis to once again conclude that the district court should have enforced the EEOC’s subpoena, says Mark Wiletsky of Holland & Hart LLP.
A “newly appointed” vice chancellor in Delaware’s Chancery Court erred by tossing claims against the former executive of a Chinese livestock company on summary judgment, the company’s court-appointed receiver told the state’s Supreme Court in an appeal filed Friday, arguing the decision contradicted an earlier ruling by a chancellor who recently retired.
The California Supreme Court on Thursday rejected Monsanto Co.’s effort to stay a decision sending the herbicide glyphosate, a key ingredient in the company’s Roundup product, to the state’s list of cancer-causing chemicals, after a similar stay was rejected by a lower appeals court.