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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/
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May 17
Bargaining power and local heroe
Bargaining power and local heroePosted by D. Daniel Sokol Ulrich Heimeshoff and Gordon J. Klein (both Heinrich-Heine-Universitat Dusseldorf) have a new paper on Bargaining power and local heroes. ABSTRACT: Bargaining Power of retailers is an important aspect of discourse in… -
May 17
Price competition and reputation in credence goods markets: Experimental evidence
Price competition and reputation in credence goods markets: Experimental evidencePosted by D. Daniel Sokol Wanda Mimra (ETH Zurich, Switzerland), Alexander Rasch (Universitat zu Koln) and Christian Waibel (ETH Zurich, Switzerland) discuss Price competition and reputation in credence goods markets: Experimental evidence.… -
May 17
Regulating a multiproduct and multitype monopolist
Regulating a multiproduct and multitype monopolistPosted by D. Daniel Sokol Dezso Szalay (University of Bonn) is Regulating a multiproduct and multitype monopolist. ABSTRACT: I study the optimal regulation of a firm producing two goods. The firm has private information about its cost of…
Rank this Week: 14
M & A Law Prof Blog
M & A Law Prof Blog
By Professors Brian J.M. Quinn, Afra Afsharipour, and Michael A. Woronoff.
http://lawprofessors.typepad.com/mergers/
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May 17
Delaware arbitration update
Delaware arbitration updateAs 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… -
May 16
Delaware Arbitration in front of Third Circuit today
Delaware Arbitration in front of Third Circuit todayThe question of the constitutionality of Delaware's Chancery arbitration program is before the Third Circuit today. I think my position on this program is pretty clear -- I'm for openness. See here for past posts on the topic. I've got... -
May 15
Weil, Gotshal 2012 survey of sponsor-backed going private transaction
Weil, Gotshal 2012 survey of sponsor-backed going private transactionWeil, Gotshal & Manges recently published its sixth survey of sponsor-backed going private transactions, which analyzes and summarizes the material transaction terms of going private transactions involving a private equity sponsor in the…
Rank this Week: 93
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
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May 16
Whether to Proffer? Important Change to Pittsburgh Proffer Agreement Makes for a Difficult Decision in the Western District of Pennsylvania
Whether to Proffer? Important Change to Pittsburgh Proffer Agreement Makes for a Difficult Decision in the Western District of PennsylvaniaThis post was written by Efrem M. Grail, Shannon Voll Poliziani and Kyle R. Bahr. A crucial decision in most federal “white collar” criminal investigations is whether to “proffer” to the government – to engage… -
May 15
California Legislature Pushing Forward Multiple Data Privacy Bill
California Legislature Pushing Forward Multiple Data Privacy BillThis post was written by Sarah Woo, Lisa B. Kim and Joshua B. Marker. The California legislature is determined to be at the forefront in the development of data privacy law by drafting a number of data privacy protection bills that will… -
May 10
UK legislation authorising Deferred Prosecution Agreements is approved
UK legislation authorising Deferred Prosecution Agreements is approvedThis post was written by Rosanne M. Kay and Kimberley Davies. Following on from our posts in 2012 (UK Ministry of Justice Launches Consultation on Deferred Prosecution Agreements and UK Government unveils deferred prosecution agreements as a…
Rank this Week: 136
Canadian Competition & Antitrust…
Canadian Competition & Antitrust Law
Covers Canadian competition law. By by Steve Szentesi.
http://www.ipvancouverblog.com/
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May 16
No Free TV Down Under Apparently: Australian ACCC Settles with Cable Co. & A Few Tips for Canada
No Free TV Down Under Apparently: Australian ACCC Settles with Cable Co. & A Few Tips for CanadaMay 16, 2013 There used to be a saying that if it looks too good to be true, it probably is. In Australia, it seems, there are no free TVs, or at least not that many. In a curious case posted by the Australian ACCC earlier today… -
May 14
Competition Bureau Appeals Tribunal Decision in Toronto Real Estate Board Case
Competition Bureau Appeals Tribunal Decision in Toronto Real Estate Board CaseMay 14, 2013 In an interesting though not totally unexpected development, the Competition Bureau announced earlier today that it was appealing the Competition Tribunal’s decision in the TREB abuse of dominance case to the Federal Court… -
May 12
PEI Lobster Blockade – Legitimate Collective Bargaining Safe Harbour or Boycott?
PEI Lobster Blockade – Legitimate Collective Bargaining Safe Harbour or Boycott?May 12, 2013 In one of the most curious Canadian competition related stories that caught my eye last week, many Canadian lobster fishermen in the Maritimes have collectively stopped fishing in an apparent protest over what they say are…
Rank this Week: 345
Trade Regulation Talk
Trade Regulation Talk
Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.
http://traderegulation.blogspot.com/
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May 2
Mergers Reported under HSR Act Down Slightly in FY 2012
Mergers Reported under HSR Act Down Slightly in FY 2012This 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 ClaimThis 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: 490
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/
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Apr 29
Advertisers Expanding Case Against News America to Become a Class Action
Advertisers Expanding Case Against News America to Become a Class ActionAn 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 TyingLast 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 LineOn 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: 779
My Distribution Law
My Distribution Law
Focuses on distribution law issues for manufacturers, wholesalers, dealers, and retailers. By Howard M. Ullman.
http://www.mydistributionlaw.com/
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May 14
Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented Seed
Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented SeedIn 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 CaseIn 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 CompetitionIt 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: 1311
Antitrust Today
Antitrust Today
Covers antitrust issues both domestically and abroad. By Constantine Cannon LLP.
http://www.antitrusttoday.com
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May 15
Auto Dealers Allege Carfax Is A Competitive Lemon In Antitrust Suit
Auto Dealers Allege Carfax Is A Competitive Lemon In Antitrust SuitMore 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 InformationBosley 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 CaseThe 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: 1341
AntitrustConnect Blog
AntitrustConnect Blog
Covers antitrust developments. By Wolters Kluwer.
http://antitrustconnect.com/
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May 13
Recent Developments in Chinese Merger Control – MOFCOM Shifts up a Gear
Recent Developments in Chinese Merger Control – MOFCOM Shifts up a GearThe 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 PatentRichard 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 HearingWolters 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: 1839
Antitrust Law Blog
Antitrust Law Blog
Covers current antitrust news and regulatory developments. By Sheppard Mullin.
http://www.antitrustlawblog.com/
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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 MeanBy 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 CertificationBy 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 ApprovalBy 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: 1921
Antitrust Lawyer Blog
Antitrust Lawyer Blog
Covers antitrust and international trade law. By Doyle, Barlow & Mazard PLLC.
http://www.antitrustlawyerblog.com/
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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 GroupOn 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 TransactionOn 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 ProtectionOn 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: 2455
Antitrust Commentary
Antitrust Commentary
Provides commentary on recent antitrust developments. By Matthew S. Wild.
http://antitrustcommentary.com
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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 ReasonOverruling 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 ManufacturerOn 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 ReachThe 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: 2691
Law and Beyond
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/
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Apr 26
Companies could benefit from the U.S. cybersecurity plan
Companies could benefit from the U.S. cybersecurity planYesterday 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 rulemakingOver 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 regulationOn 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: 2912
Antitrust Attorney Blog
Antitrust Attorney Blog
Covers antitrust and monopolization. By Stein, Mitchell, Muse & Cipollone LLP
http://www.antitrustattorney-blog.com/
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Jun 19
CONSUMERS FAIL TO OBTAIN DEFAULT JUDGMENT AGAINST LAW FIRM COLLECTING DEBT
CONSUMERS FAIL TO OBTAIN DEFAULT JUDGMENT AGAINST LAW FIRM COLLECTING DEBTConsumers 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 FAILSA 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 ofHomeowners 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: 3131
Antitrust and Competition…
Antitrust and Competition Newsletter
By Orrick, Herrington & Sutcliffe LLP.
http://blogs.orrick.com/antitrust/
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Apr 3
A Modern Look At The Nine Patent Licensing ‘No-Nos’ (Part Two): The Last Five ‘No-Nos’
A Modern Look At The Nine Patent Licensing ‘No-Nos’ (Part Two): The Last Five ‘No-Nos’In our last edition, we addressed the first four “no-nos” and their current status under U.S. antitrust law. Here’s a discussion of the remaining five. In the 1970s, Bruce Wilson, a former deputy assistant attorney general… -
Apr 3
Supreme Court Holds That Class Certification Under Rule 23(b)(3) Is Inappropriate if Class Plaintiffs Do Not Show Damages May Be Awarded on a Classwide Basi
Supreme Court Holds That Class Certification Under Rule 23(b)(3) Is Inappropriate if Class Plaintiffs Do Not Show Damages May Be Awarded on a Classwide BasiOn March 27, 2013, in Comcast Corp., et al. v. Behrend, et al., No. 11-864, the U.S. Supreme Court ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without first determining that… -
Apr 3
Supreme Court Bars Class Representatives From Circumventing CAFA By Stipulating to Class Damages Under $5 Million
Supreme Court Bars Class Representatives From Circumventing CAFA By Stipulating to Class Damages Under $5 MillionOn March 19, 2013, the U.S. Supreme Court unanimously held in Standard Fire Ins. Co. v. Knowles, No. 11-1450, that class representatives cannot circumvent the Class Action Fairness Act (CAFA) by stipulating to limit their damages claim to…
Rank this Week: 3329
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/
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Apr 11
Federal Appellate Court: Realcomp's Website Policy Unreasonably Restrained Competition
Federal Appellate Court: Realcomp's Website Policy Unreasonably Restrained CompetitionThe 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 ApartmentOver 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 MissouriSome 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: 3767