By Kemal Su
One of the most important functions of antitrust law is fighting against abuse of dominance or monopolization. Companies with high market shares and strong market power can exclude incumbents or potential entrants. Although national legislation and decisions of national authorities may differ, abusive behavior of a dominant firm in a given country should be deemed a violation of antitrust laws in all territories where the relevant company is dominant.
The near-similarity of antitrust laws throughout the world allows multinational companies to easily comply with the antitrust laws of countries in which they operate. However, this also generates a significant risk because such companies can face antitrust investigations in more than one country, due to a single decision or behavior.
Nonetheless, not only do market conditions or local strategies of the multinationals differ from one territory to another, so does antitrust enforcement. Those differences may stem from the willingness and determination of the antitrust authority to stop such abuses, market conditions due to the local competitors, the lack of relevant laws, or even implications on relations between countries.
By Madeleine Pfefferle
On Nov. 7, 2017, the North Carolina Court of Appeals delivered a split opinion in Atlantic Coast Properties, Inc. v. Saunders, holding that a corporation’s failure to plead its legal existence and capacity to sue lacked standing to maintain a legal action. 807 S.E.2d 182 (N.C. Ct. App. 2017). The case was before the court on appeal by petitioner Atlantic Coast Properties, Inc. (“ACP”) after Judge Milton F. Fitch, Jr. granted Respondents’ motion for summary judgment in Currituck County Superior Court.
By Erin Wills
It’s that time of year again! A time for pause and reflection on where we started, where we ended, what went right, what didn’t, and how to improve our current trajectory through life. Yes, a better diet, more sleep, more exercise, etc., are certainly important, but what about your 2018 career resolutions?
Being happy and successful in your career, however personally defined, directly affects your overall happiness and well-being in life. Thus, setting goals and taking time to reflect at least annually on aspects relating to your career is a necessary means to achieving a blissful end. Below are a few considerations that may help trigger thoughtful contemplation and/or perhaps even resolution-setting, if you’re into that sort of thing!
By Russell Rawlings
This past weekend, on Jan. 7 to be exact, I quietly celebrated an anniversary. It was on this date in 1978 that I set about on the mother of all resolutions in my quest to lose a hundred pounds.
Much like my marriage, I outkicked my coverage: I lost 140 pounds instead.
Forty years is a long time, yet I remember it as if it were yesterday. I was halfway through my senior year of college working as a sportswriter for the local newspaper. I had a basketball game to cover in Charlottesville, Va., and as was often the case in those days, one of my fraternity brothers came along for the ride.
The first moment of truth came at halftime when I joined other members of the media in the press room. Generous fare was traditionally provided at these events and this night was no exception. I constructed a fine sandwich of deli meat and cheese and probably more mayonnaise than I presently consume in a year.
By Aimee Scotton
When I am worried and I can’t sleep, I count my blessings instead of sheep. And I fall asleep counting my blessings.
Since we’ve reached the start of a new year, I thought this might be a good time to look back and list the things, as a county attorney, that I am thankful for in 2017. So, in no particular order, here goes:
By Joseph S. Murray IV
As flu season begins, so begin the arguments over accommodations for hospital employees whose religious (or sincerely held nontheistic) beliefs prohibit them from taking the flu vaccine. Two recent court decisions should help medical providers and employees better understand the Title VII requirements for religious accommodations and its definition of religion.
Here in North Carolina, the EEOC sued Mission Hospital after Mission terminated three employees who failed to timely request religious accommodations under Mission Hospital’s mandatory vaccination policy. The vaccination policy required accommodation requests to be submitted by Sept. 1 but employees did not have to be vaccinated until Dec. 1. EEOC v. Mission Hosp., Inc., 2017 U.S. Dist. LEXIS 124183, *6 (W.D.N.C. Aug. 17, 2017). Further, Mission gave a grace period for vaccinations but not for requesting an accommodation. Id. at *9. The court denied Mission’s summary judgment motion since it found that a jury could find that Mission violated Title VII by treating individuals seeking religious accommodations differently based on the staggered deadlines and inconsistently applied grace period.
If you deal with matters related to power of attorney in North Carolina, you’ve probably heard the rules changed on Jan. 1.
Your next best chance to get up to speed on these changes comes on Wednesday, Jan. 10, with a video replay of the North Carolina Uniform Power of Attorney Act CLE at the N.C. Bar Center in Cary.
Prepared by the NCBA Elder & Special Needs Law and the NCBA Estate Planning & Fiduciary Law Sections, the CLE offers:
- Sample POA documents;
- Instruction from the law’s primary drafters, who teach the course; and
- Drafting tips from the authorities on the law
Start your New Year right with 6 hours of CLE credit. Click here to find out more about this program.
By Tim Lendino
Recently I asked a few Business Court law clerks the following question: What are some practice pointers that you would give to attorneys appearing before the Court? Although I clerked at the Business Court and should presumably have some insight into my own question, it’s been a while since I clerked so I thought it would be beneficial to get a fresh perspective. Below is my summary of five tips I received. Disclaimer: These are the views of certain anonymous individuals and should not be attributed to the Business Court.