Mondaq USA: Anti-trust/Competition Law
Shearman & Sterling LLP
The European Commission launched a public consultation on proposals to improve merger control at the EU level with the publication of a White Paper.
Shearman & Sterling LLP
The EU Court of Justice severely reprimanded the General Court for its failure to properly analyze a restriction of competition 'by object'.
Shearman & Sterling LLP
EU Competition Commissioner Joaquín Almunia recently cited the French initiatives to block the GE-Alstom deal as an example of "worrying signals of protectionist threats".
McDermott Will & Emery
On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act and Sherman Act claims brought against Louis Dreyfus Commodities B.V. and its affiliates.
Patterson Belknap Webb & Tyler LLP
In a decision upholding most of the class action antitrust claims against 12 of the world's largest financial institutions, Judge Cote of the Southern District of New York held that the plaintiffs had standing and alleged sufficient facts to satisfy their Section 1 claim under the Sherman Act.
Patterson Belknap Webb & Tyler LLP
The long trial in United States v. American Express has come to an end: on September 18, 2014, the parties exchanged post-trial briefing and on October 9, 2014, the court held oral argument.
McDermott Will & Emery
In Mississippi, by statute, like those of many other states, beer manufacturers must designate exclusive sales territories for each brand.
Orrick
On Sept. 10, 2014, Assistant Attorney General Bill Baer spoke to the Global Antitrust Enforcement Symposium at Georgetown University on the topic of "Prosecuting Antitrust Crimes," emphasizing the need for amnesty applicants to fulfill their obligations under the Antitrust Criminal Penalty Enhancement and Reform Act.
Orrick
On Aug. 6, 2014, a split three-judge panel from U.S. Court of Appeals for the Federal Circuit restored two of Mutual Pharmaceutical Company Inc.’s antitrust counterclaims against Tyco Healthcare Group LP that stemmed from Tyco’s 2006 patent infringement suit against the company.
Orrick
On Aug. 22, 2014, the U.S. Federal Trade Commission announced it had reached two separate proposed consent orders with the National Association of Residential Property Managers, Inc. (NARPM) and the National Association of Teachers of Singing, Inc.
Orrick
On Sept. 29, 2014, the U.S. Federal Trade Commission published revisions to its Guide for Advertising Allowances and Other Merchandising Payments and Services, commonly referred to as the "Fred Meyer Guidelines," effective Nov. 10, 2014. Fed. Reg. Vol. 79, No. 188.
Orrick
In September 2014, two separate district courts dismissed claims against branded drug manufacturers stemming from pay-for-delay patent infringement settlements.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The United States Supreme Court heard oral arguments in a Fourth Circuit decision upholding an FTC finding that the North Carolina State Board of Dental Examiners did not qualify for antitrust immunity.
Sheppard Mullin Richter & Hampton
Plaintiff Bebe Au Lait sells nursing covers. It was the first company to make and sell, pursuant to patent, a flexible, convex stiffener located across the top of a nursing cover ("udder cover") that can be bent to allow a nursing mother to view a nursing infant, and then returned to its original shape.
Orrick
Certain operating companies have suggested that antitrust law may offer a solution to concerns over Patent Assertion Entities' behavior.
Weil, Gotshal & Manges LLP
The Ninth Circuit recently affirmed a $500 million fine for AU Optronics ("AUO") in the long-running liquid crystal display panel cartel case.
Patterson Belknap Webb & Tyler LLP
We have written extensively about the scope of the Foreign Trade Antitrust Improvement Acts and the extraterritorial reach of U.S. antitrust laws.
Patterson Belknap Webb & Tyler LLP
Our regular readers know that we have been carefully following the developments in Motorola Mobility LLC v. AU Optronics Corp., currently pending in the Seventh Circuit.
Patterson Belknap Webb & Tyler LLP
On September 29, 2014, we asked: "Does a Compliance Program Matter to U.S. Antitrust Enforcers?"
McGuireWoods LLP
The NCAA's rules preventing men's college basketball and football players from controlling the commercial rights to their names and likeness unreasonably restrain trade.
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Orrick
A recent antitrust enforcement decision by the DOJ has introduced a new and unprecedented risk into efforts by private equity firms to manage their portfolio companies.
McDermott Will & Emery
Joint Ventures/Competitor Collaboration, Naked agreements, Non-poaching, Non-solicitation
Fenwick & West LLP
New York Attorney General Eric Schneiderman filed an anti-trust lawsuit against the specialty pharmaceutical company Forest Laboratories and its new owner, Actavis.
McGuireWoods LLP
The U.S. Supreme Court agreed to review a decision on the scope of the state-action doctrine, which exempts state actors from federal antitrust scrutiny.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Tenth Circuit recently affirmed both class certification and one of the largest verdicts issued in the U.S. this year, denying Dow Chemical Company’s appeal.
Mayer Brown
Compliance with US antitrust laws requires firms to consider not only conduct that falls within the scope of the Sherman Act and the Clayton Act, but also conduct that may violate the Federal Trade Commission Act (the "Act"), particularly Section 5.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Tyco Healthcare Group LP and Mallinckrodt, Inc. own several patents directed to temazepam (brand name Restoril), a drug used to treat insomnia.
Patterson Belknap Webb & Tyler LLP
Our first post in this series was titled "What Is a Reverse Payment?"
Patterson Belknap Webb & Tyler LLP
Assistant AG Bill Baer and Deputy Assistant AG Brent Snyder gave speeches on the role of corporate compliance programs in the prosecution of antitrust crimes.
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