Federal Circuit Clarifies Expanded Standing to Bring Walker Process Antitrust...
On November 20, 2012, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, 2012 WL 5862779 (Fed. Cir. Nov. 20, 2012)....
View ArticleSupreme Court Limits State Action Immunity In Federal Trade Commission v....
In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging...
View ArticleIn re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead
In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and...
View ArticleVermont Heightens Enforcement Efforts Against Patent Assertion Entities
With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....By: Susan E. Foster
View ArticleSupreme Court Issues Significant Patent Antitrust Decision Rejecting The...
In the most significant patent antitrust decision in decades, Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 WL 2922122 (June 17, 2013), the Supreme Court has held, by a 5-3 vote with...
View ArticleFederal Merger Enforcement Increases To Highest Level In Five Years
Hart-Scott-Rodino Filings Decreased Slightly in 2012, but Percentage of Investigations Leading to Second Requests and Enforcement Actions Increased; FTC Continues to Enforce HSR Act in Connection with...
View ArticleUnscrambling The Eggs: FTC And DOJ Challenges To Non-HSR-Reportable Deals
On July 22, 2013, the Federal Trade Commission challenged Solera Holdings’ acquisition of Actual Systems of America, Inc. (ASA), a competing provider of software used by the automotive recycling...
View ArticleThe Antitrust Review Of The Americas 2013: US: Recent Developments in...
United States antitrust laws seek to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast,...
View ArticleUnited States: IP and Antitrust
United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast,...
View ArticleNinth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec
In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016),...
View ArticleMergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring...
The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In...
View ArticleFTC v. Qualcomm Decision—Qualcomm Enjoined From Anticompetitive Practices,...
Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the Federal Trade Commission (FTC) last week in its antitrust enforcement action against Qualcomm, and issued...
View ArticleCoronavirus Triggers Concerns Over Price Gouging
Last Friday, the White House declared a national state of emergency amid concerns of the global spread of the coronavirus. Nearly every state and numerous cities have followed suit by issuing...
View ArticleAntitrust and COVID-19: Antitrust Immunity and Emergency Federal Powers
There are many ways that companies can cooperate with each other to combat COVID-19 without running afoul of antitrust laws. But companies considering cooperating with competitors should be aware of...
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