Joseph F. Winterscheid is a partner in the law firm of McDermott Will & Emery and is based in the Washington, D.C., office. Joe is head of the Firm’s global Antitrust & Competition Practice Group and his practice focuses on U.S. and international antitrust law. From 1989 to 1994, Joe was partner-in-charge of an international law office in Brussels, where his practice focused on representing clients in competition matters before the European Commission and EU Member State competition authorities. Joe regularly advises clients on competition issues in mergers, acquisitions and joint ventures, including U.S. and international premerger notification requirements. His experience also includes counseling on matters related to pricing and distribution practices, intellectual property licensing arrangements and e-commerce initiatives. Joe’s sectoral experience has encompassed a wide range of industries, including air transport, automotive products, chemicals, consumer goods, defense, health care, industrial products, pharmaceuticals, specialty metals and fabricated metal products.
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A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy. On May 8, 2012, the Appellate Division of the New York Supreme Court affirmed a lower court’s decision that (...)
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The Kansas Supreme Court recently determined resale price maintenance is per se illegal under state law, becoming the latest state to reject the rule of reason standard mandated by the Supreme Court of the United States. The decision serves as a reminder that although a supplier’s pricing (...)
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Companies should begin regularly collecting required data—in particular revenues by North American Industry Classification System code and information about (...)
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 24, 2011, Assistant Attorney General Christine Varney announced that the U.S. antitrust enforcement agencies will be signing a cooperation agreement with (...)
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New state law could affect implementation of minimum resale price maintenance programs. Suppliers should review their minimum resale price programs for their resellers in the United States following the passage of a new law in the State of Maryland prohibiting agreements that establish minimum (...)
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District court case could affect implementation of minimum resale price maintenance programs. Sellers must still exercise great caution when designing minimum resale price programs for their resellers in the United States following the recently settled New York v. Herman Miller, Inc. case. (...)
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