Mondaq USA: Anti-trust/Competition Law
Mayer Brown
Not too long ago, many countries—perhaps even most countries—either did not criminalize cartel conduct or did not enforce the laws prohibiting cartels.
McGuireWoods LLP
On 10 November 2014, the EU Council of Ministers (representing the EU Member State governments) formally adopted the EU Antitrust Damages Directive.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as country-specific search results.
Morrison & Foerster LLP
The Council and European Parliament have finally adopted a Directive on rules governing actions for damages under national law for infringements of competition rules (the "Directive").
Jones Day
Earlier today, the Council of the European Union approved the long-awaited Directive governing actions for damages for infringements of competition rules.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ACA, accountable care organizations, Affordable Care Act, antitrust, antitrust risks, FTC, health care antitrust, health care antitrust enforcement, Health Care Reform
Patterson Belknap Webb & Tyler LLP
In July of this year, the European Commission imposed fines on French pharmaceutical company Servier and five generic drug makers, including Lupin Ltd., totaling €427.7 million.
Jones Day
In the first "reverse payment" trial since the U.S. Supreme Court’s Actavis decision held that "reverse payment" settlements potentially could be found anticompetitive under a rule of reason analysis, a federal jury in Massachusetts has returned a verdict in favor of the pharmaceutical companies, concluding the settlement did not harm competition.
McDermott Will & Emery
In a speech at the American Antitrust Association (AAI) and Computer & Communications Industry Association (CCIA) Conference on Innovation, Patents and PAEs on December 10, 2014, Federal Trade Commissioner (FTC) Julie Brill reported that the FTC hopes to complete its study of patent assertion entities (PAEs) by the end of 2015.
Foley & Lardner
How can American manufacturers bring claims against foreign cartels that fix prices of component parts?
Patterson Belknap Webb & Tyler LLP
Traditionally, plaintiffs asserting claims under Sections 1 and 2 of the Sherman Act allege the existence of one or more product markets relevant to the defendants’ anticompetitive conduct and the defendants’ shares of those markets in order to state a plausible claim of defendants’ market power and/or monopoly power in a product market.
Lewis Brisbois Bisgaard & Smith LLP
In a civil antitrust suit, the district court ruled that Apple had conspired with five book publishers to increase the price of e-books for consumers, in a case that sees vertical pricing conduct subject to the per se rule.
Morgan Lewis
The DOJ’s Antitrust Division has extradited two executives of foreign companies in the last eight months, demonstrating its commitment to enforcing the Sherman Act outside of the United States.
Patterson Belknap Webb & Tyler LLP
After six weeks of trial and two days of deliberation, the jury has returned its verdict in favor of the defendants in In re: Nexium.
Patterson Belknap Webb & Tyler LLP
On November 21, 2014, professors of antitrust law from 15 universities filed an amicus brief in support of the NCAA’s appeal in O’Bannon v. NCAA.
Foley & Lardner
Purchasers may pursue private civil treble damage actions under the U.S. Sherman Act when alleging price fixing on parts and products sold to global supply chains.
Orrick
The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), enacted in 1982, has provided ambiguous direction to courts and practitioners regarding the applicability of U.S. antitrust laws to conduct occurring wholly or partially in other countries.
McGuireWoods LLP
The U.S. DOJ Antitrust Division announced a settlement to resolve charges that SierraPine Ltd. and Flakeboard America Limited violated the Hart-Scott-Rodino Antitrust Improvements Act.
Patterson Belknap Webb & Tyler LLP
Until 2009, Reckitt had exclusive rights to sell Suboxone tablets.
Patterson Belknap Webb & Tyler LLP
We’ve previously discussed this appeal, which concerns Motorola’s claims arising from a foreign conspiracy to fix the price of LCD panels.
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Proskauer Rose LLP
Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act.
McDermott Will & Emery
Joint Ventures/Competitor Collaboration, Naked agreements, Non-poaching, Non-solicitation
Proskauer Rose LLP
The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls.
Patterson Belknap Webb & Tyler LLP
On November 14, 2014, the National Collegiate Athletic Association ("NCAA") filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as violating the federal antitrust laws.
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.
Cadwalader, Wickersham & Taft LLP
The Federal Trade Commission has announced its annual revisions to the dollar jurisdictional thresholds in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as country-specific search results.
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
This is the first in what we expect to be a series of updates on DOJ criminal actions in the cartel area.
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