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Antitrust & Competition Policy…

Antitrust & Competition Policy Blog

Edited by Professors D. Daniel Sokol and Shubha Ghosh.

http://lawprofessors.typepad.com/antitrustprof_blog/

May 21
Buyer Power in Conglomerate Acquisition

Buyer Power in Conglomerate Acquisition

Posted by D. Daniel Sokol Daniel Greene, Georgia State University - Department of Finance, Omesh Kini, Georgia State University and Jaideep Shenoy, Tulane University - Department of Finance discuss Buyer Power in Conglomerate Acquisitions.…
May 21
When the State Harms Competition ― The Role for Competition Law

When the State Harms Competition ― The Role for Competition Law

Posted by D. Daniel Sokol Eleanor M. Fox, New York University School of Law and Deborah Healey, University of New South Wales (UNSW) - Faculty of Law offer an interesting new work When the State Harms Competition ― The Role...
May 21
7th International IMEDIPA Conference on Competition Law and Policy

7th International IMEDIPA Conference on Competition Law and Policy

Posted by D. Daniel Sokol 7th International IMEDIPA Conference on Competition Law and Policy Friday, June 7, 2013 at 9:00 AM - Saturday, June 8, 2013 at 5:15 PM (EEST) Athens, Greece IMEDIPA invites you to its 7th International Conference...

Rank this Week: 22

M & A Law Prof Blog

By Professors Brian J.M. Quinn, Afra Afsharipour, and Michael A. Woronoff.

http://lawprofessors.typepad.com/mergers/

May 23
'Like the cat that ate the canary...'

'Like the cat that ate the canary...'

Some of you may have already participated in one of Rick Climan's well known mock negotiations already. If you haven't - or even if you have - Weil has released a number of them with accompanying animations. They are a...
May 20
Delaware arbitration argument

Delaware arbitration argument

In case you missed it, you can listen to last week's arguments before a panel of the Third Circuit online. Here is the audio file. -bjmq Update ... starting to think that Federal judicial vacancies has risen to crisis levels...
May 17
Delaware arbitration update

Delaware arbitration update

As I noted yesterday, the Delaware Coalition for Open Government and the Chancery Court were before a panel of the Third Circuit arguing the merits of Delaware's arbitration procedure. Tom Hals of Reuters was there and he thinks the…

Rank this Week: 120

Global Regulatory Enforcement Law…

Global Regulatory Enforcement Law Blog

Covers antitrust, privacy, international trade, and white color criminal defense. By Reed Smith.

http://www.globalregulatoryenforcementlawblog.com

May 24
Latin American Update: Costa Rica and Peru bring Data Protection regulations into force

Latin American Update: Costa Rica and Peru bring Data Protection regulations into force

This post was written by Cynthia O'Donoghue. Costa Rica’s 2011 data protection law came into force March 5, 2013, and Peru’s laws took effect April 22, 30 days after it published regulations. While this imposes new obligations on…
May 23
A Brave New World? The "French Sunshine Act" imposes online disclosure of contracts with HCPs, as well as of payments of "advantages" to HCPs, dating back to 01 January 2012

A Brave New World? The "French Sunshine Act" imposes online disclosure of contracts with HCPs, as well as of payments of "advantages" to HCPs, dating back to 01 January 2012

This post was written by Daniel Kadar. In probably one the longest-awaited decrees in recent French regulation, the French Ministry of Health published on 22 May 2013, the application decree to the French Sunshine Act (dated 29 December 2011)…
May 23
The first European Parliament vote on the new data protection regime will be delayed

The first European Parliament vote on the new data protection regime will be delayed

This post was written by Cynthia O'Donoghue. The date of the first binding vote by the Civil Liberties, Justice and Home Affairs Committee (LIBE) on the proposed General Data Protection Regulation (Regulation), which was initially planned…

Rank this Week: 308

Trade Regulation Talk

Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.

http://traderegulation.blogspot.com/

May 2
Mergers Reported under HSR Act Down Slightly in FY 2012

Mergers Reported under HSR Act Down Slightly in FY 2012

This posting was written by Tobias J. Gillett, Contributor to Wolters Kluwer Antitrust Law Daily. The number of mergers reported under the Hart-Scott-Rodino (HSR) Premerger Notification Program between October 1, 2011 and September 30, 2012…
May 1
Supreme Court Will Not Review Application of “Single Publication Rule” Barring Chuck Yeager’s Publicity Rights, Lanham Act Claim

Supreme Court Will Not Review Application of “Single Publication Rule” Barring Chuck Yeager’s Publicity Rights, Lanham Act Claim

This posting was written by John W. Arden.The U.S. Supreme Court has refused to review the Ninth Circuit’s application of the “single publication rule” to an allegedly unauthorized endorsement posted on a website in 2003,…
Apr 29
Food Distributor Not Enjoined From Selling Refined Olive Oil as “100% Pure”

Food Distributor Not Enjoined From Selling Refined Olive Oil as “100% Pure”

This posting was written by Jody Coultas, Editor of CCH Unfair Trade Practices Law.The federal district court in New York City declined to enjoin food distributor Kangadis Food Inc. from selling refined olive oil labeled as "100% Pure Olive…

Rank this Week: 532

Canadian Competition & Antitrust…

Canadian Competition & Antitrust Law

Covers Canadian competition law. By by Steve Szentesi.

http://www.ipvancouverblog.com/

May 24
New Zealand Court Brings the Gavel Down on Car Company in “Shill Bidding” Advertising Case

New Zealand Court Brings the Gavel Down on Car Company in “Shill Bidding” Advertising Case

May 24, 2013 The potential routes to deception are many. In misleading advertising cases, commonly challenged conduct includes false price, performance and other product claims (e.g., omitting key limitations or conditions on products…
May 24
New Publications: CD Howe Report on Canadian Regulated Markets: “How Canadian Governments Put Cartels Before Consumers”

New Publications: CD Howe Report on Canadian Regulated Markets: “How Canadian Governments Put Cartels Before Consumers”

May 24, 2013 The C.D. Howe Institute has published a new report on a topic that is near and dear to my heart – the regulated conduct doctrine and monopolies, er regulated markets, in Canada: Beer, Butter and Barristers: How Canadian…
May 21
New Publications: OECD Cartel Roundtable Report: “Leniency for Subsequent Applicants”

New Publications: OECD Cartel Roundtable Report: “Leniency for Subsequent Applicants”

May 21, 2013 The OECD has published a new Policy Roundtable report entitled Leniency for Subsequent Applicants, which follows a debate by its Competition Committee last fall. This new report includes an executive summary of that debate…

Rank this Week: 641

Antitrust Law Blog

Covers current antitrust news and regulatory developments. By Sheppard Mullin.

http://www.antitrustlawblog.com/

May 13
California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business Through Unlawful Mean

California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business Through Unlawful Mean

By Thomas D. Nevins For many years, California’s Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004, standing has been required, and standing continues to be litigated…
Apr 1
Comcast v. Behrend Sets a Higher Bar for Class Certification

Comcast v. Behrend Sets a Higher Bar for Class Certification

By Jennifer Driscoll-Chippendale On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend, 569 U.S. ___ (2013). At issue was…
Apr 1
MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approval

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approval

By Becky Koblitz Since China’s Anti-monopoly Law (“AML”) came into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies to prevent anticompetitive…

Rank this Week: 664

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Daniel Low.

http://cpg-retail-litigation.kotchen.com/

Apr 29
Advertisers Expanding Case Against News America to Become a Class Action

Advertisers Expanding Case Against News America to Become a Class Action

An antitrust lawsuit brought by Dial Corporation and Heinz against News America Marketing is being expanded to include as Plaintiffs a proposed class of all domestic entities that purchased in-store promotions from News America. Last…
Dec 27
Dial Corp. Sues News America Marketing for Monopolization and Tying

Dial Corp. Sues News America Marketing for Monopolization and Tying

Last week, Dial Corporation filed suit against News America Marketing for monopolizing the market for in-store advertising and free-standing inserts (“FSIs”) and engaging in unlawful tying in violation of the antitrust laws. In…
Feb 5
Discovery Sanctions Ordered Against Delta Air Line

Discovery Sanctions Ordered Against Delta Air Line

On Friday, the Northern District of Georgia ordered that sanctions be imposed against Delta Air Lines, Inc. (“Delta”) for its discovery misconduct, awarding Plaintiffs certain fees and expenses related to Delta’s failure to timely…

Rank this Week: 730

Antitrust Today

Covers antitrust issues both domestically and abroad. By Constantine Cannon LLP.

http://www.antitrusttoday.com

May 15
Auto Dealers Allege Carfax Is A Competitive Lemon In Antitrust Suit

Auto Dealers Allege Carfax Is A Competitive Lemon In Antitrust Suit

More than 120 auto dealers in 17 states are alleging in a new $50 million antitrust suit that they paid higher prices for less reliable vehicle history reports thanks to Carfax’s exclusive dealing arrangements with major players in the…
May 6
FTC Consent Order Settles Hairy Exchange Of Competitively Sensitive Information

FTC Consent Order Settles Hairy Exchange Of Competitively Sensitive Information

Bosley Inc., the nation’s largest surgical hair restoration company, has agreed to a consent order settling a Federal Trade Commission (“FTC”) complaint alleging that the company exchanged competitively sensitive information…
Apr 25
Preemption Argument Runs Out Of Steam As Ninth Circuit Revives Natural Gas Case

Preemption Argument Runs Out Of Steam As Ninth Circuit Revives Natural Gas Case

The U.S. Court of Appeals for the Ninth Circuit has revived plaintiffs’ state antitrust claims in In re: Western States Wholesale Natural Gas Litigation, finding that federal regulation of the interstate natural gas market does not…

Rank this Week: 1570

Antitrust Commentary

Provides commentary on recent antitrust developments. By Matthew S. Wild.

http://antitrustcommentary.com

Apr 22
Kansas Enacts Legislation Making Resale Price Maintenance Subject To The Rule Of Reason

Kansas Enacts Legislation Making Resale Price Maintenance Subject To The Rule Of Reason

Overruling the recent Kansas Supreme Court decision in O’Brien v. Leegin Creative Leather Products, Inc. discussed in the May 8, 2012 Post, the Kansas legislature has mandated that resale price maintenance is subject to the…
Mar 18
$162.3 Million Jury Verdict (After Trebling) Against Chinese Vitamin C Manufacturer

$162.3 Million Jury Verdict (After Trebling) Against Chinese Vitamin C Manufacturer

On March 14, 2013, a jury in the United States District Court for the Eastern District of New York awarded $54,100,000 to an antitrust plaintiff class. The jury found that the Chinese Vitamin C manufacturers engaged in…
Feb 14
Ninth Circuit Holds That Cartwright Act Has Extra-Territorial Reach

Ninth Circuit Holds That Cartwright Act Has Extra-Territorial Reach

The Ninth Circuit, in AT&T Mobility LLC v. AU Optronics Corp., No. 11-16188 (9th Cir. Feb. 14, 2013), held that the Cartwright Act (the California antitrust law) applies, consistent with due process, to conspiratorial conduct that took…

Rank this Week: 1660

Antitrust Lawyer Blog

Covers antitrust and international trade law. By Doyle, Barlow & Mazard PLLC.

http://www.antitrustlawyerblog.com/

Mar 12
FTC and Idaho State AG Challenge Acquisition of Idaho's Largest Independent Physician Practice Group

FTC and Idaho State AG Challenge Acquisition of Idaho's Largest Independent Physician Practice Group

On March 12, 2013, the FTC and the Idaho Attorney General jointly filed a complaint in federal district court seeking to block St. Luke’s Health System, Ltd.'s acquisition of Saltzer Medical Group P.A., Idaho's largest independent,…
Feb 2
Antitrust Division Challenges Bazaarvoice’s Consummated Transaction

Antitrust Division Challenges Bazaarvoice’s Consummated Transaction

On January 10, 2013, the Department of Justice’s Antitrust Division (“DOJ”) filed a lawsuit challenging Bazaarvoice Inc.’s acquisition of PowerReviews Inc. The transaction was consummated on June 2012....
Dec 18
FTC Moves at Bureau of Consumer Protection

FTC Moves at Bureau of Consumer Protection

On December 17, 2012, Federal Trade Commission Chairman Jon Leibowitz announced that the Director of the FTC’s Bureau of Consumer Protection will leave at the end of the year. David C. Vladeck will leave the position and return to the...

Rank this Week: 1802

Real Estate, Real Competition…

Real Estate, Real Competition & the Law

Chronicles the anticompetitive practices encountered by real estate brokers and websites who try to reduce real estate commissions. By Michael H. Erdman.

http://rerclaw.blogspot.com/

Apr 11
Federal Appellate Court: Realcomp's Website Policy Unreasonably Restrained Competition

Federal Appellate Court: Realcomp's Website Policy Unreasonably Restrained Competition

The U.S. Court of Appeals for the 6th Circuit has ruled in the FTC v. Realcomp matter. You'll recall at issue in the case is Realcomp's alleged anticompetitive treatment of non-ERTS property listings.
Oct 20
Missouri Real Estate Commission Wins First Battle with Kansas City Premier Apartment

Missouri Real Estate Commission Wins First Battle with Kansas City Premier Apartment

Over two years after it first filed suit, Kansas City Premier Apartments, Inc. finally had its day in court earlier this year with the Missouri Real Estate Commission (here's my last pre-trial post). During the trial, the MREC failed to…
Jun 21
Showdown in Missouri

Showdown in Missouri

Some time ago I first wrote about an action filed by Kansas City Premier Apartments in a Missouri state court, seeking clarity on licensing issues raised by the Missouri Real Estate Commission.

Rank this Week: 1896

My Distribution Law

Focuses on distribution law issues for manufacturers, wholesalers, dealers, and retailers. By Howard M. Ullman.

http://www.mydistributionlaw.com/

May 14
Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented Seed

Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented Seed

In a brief, unanimous opinion written by Justice Kagan, the Supreme Court yesterday agreed with Monsanto that the patent exhaustion doctrine does not enable farmers to replant and reproduce patented seeds without the patentee’s…
May 8
More Evidence that California May No Longer Follow the Per Se Rule in Vertical Pricing Fixing Case

More Evidence that California May No Longer Follow the Per Se Rule in Vertical Pricing Fixing Case

In Kaewsawang v. Sara Lee Fresh, Inc., Case No. BC360109 (Cal. Los Angeles Superior Ct. May 6, 2013), the trial court dismissed a challenge to Sara Lee’s pricing practices brought under California’s state antitrust law, the…
Apr 18
It Is Becoming Tougher for Plaintiffs to Allege Harm to Competition

It Is Becoming Tougher for Plaintiffs to Allege Harm to Competition

It has long been the case that Sherman Act Section 1 Rule of Reason claims as well as Section 2 claims require proof of harm to competition. But the courts, particularly in the Ninth Circuit, have been tightening up on the…

Rank this Week: 2624

AntitrustConnect Blog

Covers antitrust developments. By Wolters Kluwer.

http://antitrustconnect.com/

May 13
Recent Developments in Chinese Merger Control – MOFCOM Shifts up a Gear

Recent Developments in Chinese Merger Control – MOFCOM Shifts up a Gear

The Chinese Ministry of Commerce (“MOFCOM“) has stepped up its merger control activities on many fronts in recent weeks, issuing ground-breaking decisions in the Glencore/Xstrata and Marubeni/Gavilon cases and circulating draft…
May 8
A Legal Rationale for Liability Under Section 2 of the Sherman Act for Patent ‘Hold-up’ by Patent Assertion Entities with Respect to Standard Essential Patent

A Legal Rationale for Liability Under Section 2 of the Sherman Act for Patent ‘Hold-up’ by Patent Assertion Entities with Respect to Standard Essential Patent

Richard Wolfram, Esq.Richard Wolfram, Esq. (Note: In December 2012, the Department of Justice and the Federal Trade Commission held a Hearing on the impact of patent assertion entities (PAEs) on innovation and competition and the…
Apr 18
Federal Antitrust Agency Heads Testify at Senate Subcommittee Antitrust Oversight Hearing

Federal Antitrust Agency Heads Testify at Senate Subcommittee Antitrust Oversight Hearing

Wolters Kluwer Law & BusinessWolters Kluwer Law & Business FTC Chairwoman Edith Ramirez and William J. Baer, Assistant Attorney General in charge of the Department of Justice Antitrust Division, testified before the Senate Judiciary…

Rank this Week: 2797

Antitrust and Competition…

Antitrust and Competition Newsletter

By Orrick, Herrington & Sutcliffe LLP.

http://blogs.orrick.com/antitrust/

May 23
ECJ Rules on Parent Liability For Actions of Subsidiarie

ECJ Rules on Parent Liability For Actions of Subsidiarie

On May 8, 2013, the European Court of Justice (ECJ) confirmed that control of a subsidiary by a parent may be presumed solely on the basis of a 100 percent shareholding, imputing liability for an infringement of competition law by Read More
May 23
European Commission to Market Test Additional VISA Commitment

European Commission to Market Test Additional VISA Commitment

As part of an ongoing investigation into Visa Europe Limited, European Commission Vice President Joaquín Almunia welcomed Visa’s recently proposed commitments designed to assuage the Commission’s competition worries about…
May 23
General Court Rejects Commission’s Interpretation of the “Economic Continuity” Rule

General Court Rejects Commission’s Interpretation of the “Economic Continuity” Rule

In May, the European Union’s General Court (“GC”) issued its judgments in an appeal brought by Parker ITR (“Parker”), Trelleborg and Manuli against a European Commission decision of 2009 imposing fines on these…

Rank this Week: 3122

Antitrust Attorney Blog

Covers antitrust and monopolization. By Stein, Mitchell, Muse & Cipollone LLP

http://www.antitrustattorney-blog.com/

Jun 19
CONSUMERS FAIL TO OBTAIN DEFAULT JUDGMENT AGAINST LAW FIRM COLLECTING DEBT

CONSUMERS FAIL TO OBTAIN DEFAULT JUDGMENT AGAINST LAW FIRM COLLECTING DEBT

Consumers suing a debt-collecting law firm for violations of the Fair Debt Collection Practices Act failed to obtain a default judgment because the complaint failed to allege facts to support the allegations. Potvin v. Paul Law Office, PLLC,…
Apr 16
DIRECT PURCHASER CLASS SURVIVES; INDIRECT PURCHASER CLASS FAILS

DIRECT PURCHASER CLASS SURVIVES; INDIRECT PURCHASER CLASS FAILS

A putative class of direct purchasers of Magnesium Oxide (MgO) survived a motion to dismiss on limitations grounds by adequately pleading fraudulent concealment. A putative class of indirect purchasers, however, was dismissed for failing to…
Mar 23
100% Mortgage at High Interest Rate Does Not Breach Covenant of

100% Mortgage at High Interest Rate Does Not Breach Covenant of

Homeowners failed in a suit against a mortgage company that loaned them 100% of the purchase price of a home at a high interest rate. Latson v. Plaza Home Mortgage, Inc., 2012 WL 848231(D.Mass. 2012).

Rank this Week: 3820

Law and Beyond

Legal news and analysis of current U.S. and foreign events, including financial, international, antitrust and corporate law. By Laurent Deis.

http://law-and-beyond.com/

Apr 26
Companies could benefit from the U.S. cybersecurity plan

Companies could benefit from the U.S. cybersecurity plan

Yesterday I came across an interesting article about cybersecurity. Since I might have bored some of you over the last few weeks with securities regulation, I figured it was only fair to talk about something different this week.
Apr 17
SEC releases guidance on JOBS Act and seeks comments before any rulemaking

SEC releases guidance on JOBS Act and seeks comments before any rulemaking

Over the last couple of days, the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) gave some interesting information regarding the implementation and application of the Jumpstart Our Business Startups…
Apr 3
The JOBS Act: Impacts on securities regulation

The JOBS Act: Impacts on securities regulation

On March 27, 2012, the House of Representatives passed the Jumpstart Our Business Startups Act (the “JOBS Act”), in the same form passed by the Senate on March 22, 2012. The JOBS Act will now go to President Obama for his signature…

Rank this Week: 4082

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