Mondaq USA: Anti-trust/Competition Law
McGuireWoods LLP
A recent European Commission (EC) fining decision against UK-based broker ICAP confirms that companies which merely facilitate a cartel will be tarred with the same brush as those which actually engage in the cartel.
Patterson Belknap Webb & Tyler LLP
The Supreme Court has been urged to resolve a circuit split concerning the reach of the Foreign Trade Antitrust Improvements Act to foreign conduct that may affect U.S. commerce.
Lewis Brisbois Bisgaard & Smith LLP
Assets sales in bankruptcy proceedings are accomplished pursuant to Section 363 of the Bankruptcy Code.
Sheppard Mullin Richter & Hampton
There are few aspects of U.S. antitrust law as seemingly well settled as Illinois Brick’s "indirect purchaser rule."
McDermott Will & Emery
The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture.
Jones Day
One important procedural difference between merger challenges by the U.S. Department of Justice and the Federal Trade Commission is that FTC may challenge a non-consummated merger through both a district court preliminary injunction and administrative litigation.
Patterson Belknap Webb & Tyler LLP
The Federal Trade Commission (FTC) went head-to-head last week with Sysco Corp. and US Foods Inc. over whether to make public the names of the declarants relied on by the FTC...
McDermott Will & Emery
The companies believe that these interpretations of the FTAIA are conflicting and, therefore, ripe for Supreme Court review.
Patterson Belknap Webb & Tyler LLP
On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises.
Womble Carlyle
It has been a few months since we updated on the O’Bannon antitrust case, where federal judge Claudia Wilken ruled last summer that the NCAA’s amateurism rules violated federal antitrust laws.
McDermott Will & Emery
On March 14, 2015, the Federal Trade Commission announced procedural revisions governing the FTC process when it loses an injunction bid in federal court.
Patterson Belknap Webb & Tyler LLP
This case could have important implications for European antitrust law, particularly if the ECJ determines that the EU's antitrust laws must be interpreted as curbing enforcement of private licensing agreements.
McDermott Will & Emery
According to the press release, Espar, a parking heater manufacturer, agreed to pay a criminal fine and cooperate in the DOJ’s ongoing investigation.
McDermott Will & Emery
In a blog post last Friday, Debbie Feinstein, Director of Competition at the FTC, defended the agency’s use of FTC Act Section 5 to target unfair methods of competition outside the scope of the Sherman and Clayton Acts.
Patterson Belknap Webb & Tyler LLP
This past Wednesday, Judge Amit Mehta of the U.S. District Court for the District of Columbia set a hearing from May 5 through May 8...
Kilpatrick Townsend & Stockton LLP
The defense rests on the notion that states are sovereign and therefore legitimate state action should neither be subjected to antitrust scrutiny nor held to violate the antitrust laws.
Kilpatrick Townsend & Stockton LLP
The Ninth Circuit affirmed a district court ruling in favor of the Federal Trade Commission that the acquisition of an Idaho physician group practice by St. Luke’s Health System violated antitrust laws.
Patterson Belknap Webb & Tyler LLP
Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets.
Patterson Belknap Webb & Tyler LLP
The Second Circuit announced on Monday that it would hear Actavis PLC's appeal to overturn the preliminary injunction issued by Judge Robert Sweet of the Southern District of New York...
Jones Day
In an important decision, the U.S. Supreme Court has held that, where a state professional regulatory board is controlled by active market participants in the profession the board regulates, the board cannot claim "state action" antitrust immunity unless it is actively supervised by other state officials who are not active market participants.
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Patterson Belknap Webb & Tyler LLP
The Federal Trade Commission (FTC) went head-to-head last week with Sysco Corp. and US Foods Inc. over whether to make public the names of the declarants relied on by the FTC...
Patterson Belknap Webb & Tyler LLP
This past Wednesday, Judge Amit Mehta of the U.S. District Court for the District of Columbia set a hearing from May 5 through May 8...
Milbank, Tweed, Hadley & McCloy LLP
In this briefing, we highlight some key areas of antitrust enforcement to be prepared for in 2015.
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.
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.
Morrison & Foerster LLP
American Express has rules that prohibit merchants from discriminating against American Express cards in favor of those issued by other card networks.
McGuireWoods LLP
A recent European Commission (EC) fining decision against UK-based broker ICAP confirms that companies which merely facilitate a cartel will be tarred with the same brush as those which actually engage in the cartel.
Barnes & Thornburg
In a 6-3 ruling and opinion written by Justice Anthony Kennedy, the Court upheld the U.S. Court of Appeals for the Fourth Circuit.
Patterson Belknap Webb & Tyler LLP
Since we last reported on state and federal investigations into recent generic drug price increases, the investigations have moved forward against Philadelphia-based Lannett Co.
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