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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/

Jun 19
Cooperation in the Presence of an Advantaged Outsider

Cooperation in the Presence of an Advantaged Outsider

Posted by D. Daniel Sokol Guillaume Cheikbossian (University of Montpellier, TSE) and Philippe Mahenc (University of Montpellier) analyze Cooperation in the Presence of an Advantaged Outsider. ABSTRACT: This paper analyzes how the stability…
Jun 19
Preemption, leverage, and financing constraint

Preemption, leverage, and financing constraint

Posted by D. Daniel Sokol Michi NISHIHARA (Graduate School of Economics, Osaka University) and Takashi SHIBATA (Graduate School of Social Sciences, Tokyo Metropolitan University) discuss Preemption, leverage, and financing constraints.…
Jun 19
Cartel Appeals to the Court of Justice: The Song of the Sirens?

Cartel Appeals to the Court of Justice: The Song of the Sirens?

Posted by D. Daniel Sokol Peter D. Camesasca, Johan Ysewyn (Clifford Chance), Thomas Weck and Brian Bowman ask Cartel Appeals to the Court of Justice: The Song of the Sirens? ABSTRACT: This article reviews the cartel precedent of the…

Rank this Week: 55

M & A Law Prof Blog

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

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

Jun 14
Tee'ing up the Google litigation

Tee'ing up the Google litigation

Next week (Tuesday) we'll hear arguments in the Google shareholder litigation (Complaint). Shareholders are challenging a recapitalization plan that would have Google issue a new series of shares, Series C, that would have no voting rights.…
Jun 13
Use restrictions in confidentiality agreement

Use restrictions in confidentiality agreement

OK, Rick and Keith again - this time negotiating use restrictions in confidentiality agreements. In this video, they take up the question that tripped up the parties in Martin Marietta v Vulcan - the limits on the use of confidential...
Jun 13
Civil penalty for Revlon

Civil penalty for Revlon

The SEC has just imposed an $850,000 civil penalty on Revlon for misleading disclosures in the run up to its going-private transaction that were the subject of litigation (2009-2010) before the Chancery Court. Vice Chancellor Laster's opinion…

Rank this Week: 79

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/

Jun 16
Canadians Indict Chocolate Companies for Price-Fixing After Lenghty Investigation

Canadians Indict Chocolate Companies for Price-Fixing After Lenghty Investigation

Criminal price-fixing charges were recently filed against Canadian affiliates of Nestle and Mars, a network of wholesale distributors, and three individuals, alleging that they conspired to fix chocolate prices in Canada. In addition,…
Jun 12
Pension Fund Files Derivative Suit Related News America Marketing’s Anticompetitive Act

Pension Fund Files Derivative Suit Related News America Marketing’s Anticompetitive Act

On June 7, a pension fund filed a derivative suit against News Corp and its top executives for breach of fiduciary duty, and against the executives for waste of corporate assets and unjust enrichment. These claims are based on News…
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…

Rank this Week: 205

My Distribution Law

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

http://www.mydistributionlaw.com/

Jun 17
Reverse-Payment Patent Settlements Subject to Antitrust Analysi

Reverse-Payment Patent Settlements Subject to Antitrust Analysi

The Supreme Court today decided FTC v. Actavis, Inc. and held, in a 5-3 decision authored by Justice Breyer, that so-called reverse-payment patent settlements are subject to full antitrust Rule of Reason analysis. In a reverse-payment…
Jun 17
The Top Nine Things You Need to Know About Below-Cost Pricing Law in California : Part II

The Top Nine Things You Need to Know About Below-Cost Pricing Law in California : Part II

This is the second of two posts on California below-cost pricing law. The first post is here. 5. What does it mean to sell below “cost?” Unlike federal law, California law expressly defines the concept of below-cost sales…
Jun 14
Excited to Help Revise ABA Antitrust Jury Instruction

Excited to Help Revise ABA Antitrust Jury Instruction

I recently became part of the team that will be revising the ABA Antitrust Jury Instruction Handbook. This book contains model jury instructions that are often used in antitrust cases throughout the United States.

Rank this Week: 223

Canadian Competition & Antitrust…

Canadian Competition & Antitrust Law

Covers Canadian competition law. By by Steve Szentesi.

http://www.ipvancouverblog.com/

Jun 15
Alberta Court of Appeal Overturns Queen’s Bench Decision in Fuel Hauling Cartel Case

Alberta Court of Appeal Overturns Queen’s Bench Decision in Fuel Hauling Cartel Case

June 15, 2013 In an interesting decision issued yesterday, the Alberta Court of Appeal overturned a Court of Queen’s Bench decision that found that two oil producers (Husky and Exxon) had violated Canada’s former conspiracy…
Jun 11
Investment Canada: New Conference Board & University of Calgary School of Public Policy Report

Investment Canada: New Conference Board & University of Calgary School of Public Policy Report

June 11, 2013 Two new Investment Canada Act related reports have recently been published by The Conference Board of Canada (Green Machine: Financing Growth in the New Saskatchewan) and the University of Calgary’s School of Public Policy…
Jun 10
A&P Pays $102,000 to Settle Allegations of Violating NY Sweepstakes Laws, A Few Thoughts on Canada

A&P Pays $102,000 to Settle Allegations of Violating NY Sweepstakes Laws, A Few Thoughts on Canada

June 10, 2013 In an interesting recent contest / sweepstakes case, A&P has reportedly agreed to settle charges alleging that it violated New York State sweepstakes laws by failing to adequately inform consumers that no purchase was…

Rank this Week: 278

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

Jun 19
The U.S. Has a New MOU with Securities Regulators in China: Real Change or Just Déjà vu?

The U.S. Has a New MOU with Securities Regulators in China: Real Change or Just Déjà vu?

This post was written by Terence Healy, John Tan, and Jennifer L. Achilles. The Securities and Exchange Commission’s (“SEC”) power to obtain documents from U.S. companies and their auditors is a key component of its mandate…
Jun 19
France requires all bodies hosting personal medical data to apply for official accreditation or to work with an officially accredited data host

France requires all bodies hosting personal medical data to apply for official accreditation or to work with an officially accredited data host

This post was written by Daniel Kadar. France has established itself as a leader in the protection of personal data. Not only does its regulation define broadly the concepts of personal and medical data, France has also implemented a…
Jun 18
Trying to Put a Cap on It - Yet Again: Another Attempt to Limit Government Reimbursement of Contractor Executive Compensation

Trying to Put a Cap on It - Yet Again: Another Attempt to Limit Government Reimbursement of Contractor Executive Compensation

This post was written by Lorraine M. Campos, Christopher L. Rissetto and Leslie A. Monahan. Back in February 2012, the Obama Administration asked Congress to reform the current reimbursement formula for federal government…

Rank this Week: 502

AntitrustConnect Blog

Covers antitrust developments. By Wolters Kluwer.

http://antitrustconnect.com/

Jun 12
The one-handed European Merger Simplification Project?

The one-handed European Merger Simplification Project?

Like the European Commission, I am confident that the European Merger Simplification Project will bring benefits for clients. As many commentators have affirmed, I do not doubt that the increase of the currently applicable market share…
May 30
Removability of Parens Patriae Antitrust Actions Under CAFA To Be Considered by U.S. Supreme Court

Removability of Parens Patriae Antitrust Actions Under CAFA To Be Considered by U.S. Supreme Court

Wolters Kluwer Law & BusinessWolters Kluwer Law & Business It appears that the U.S. Supreme Court will soon resolve a split among the circuits on the issue of whether parens patriae actions can be removed from state court as…
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…

Rank this Week: 1168

Antitrust Today

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

http://www.antitrusttoday.com

Jun 18
Pool Owners’ State Antitrust Claims Remain Afloat

Pool Owners’ State Antitrust Claims Remain Afloat

A Louisiana federal judge has denied motions to dismiss pool owners’ indirect purchaser claims brought under state antitrust laws against Pool Corporation, the nation’s largest distributor of pool products, and pool…
Jun 11
Federal Judge Green Lights Antitrust Attack Of The Cloned Horse

Federal Judge Green Lights Antitrust Attack Of The Cloned Horse

Breeders of cloned horses will get to advance their antitrust attack on a dominant horse breed registry that excludes cloned horses, following a ruling by a federal judge in Texas who denied American Quarter Horse Association’s motion…
Jun 4
Credit Default Swap Purchasers Accuse Bankers Of Blocking Competition

Credit Default Swap Purchasers Accuse Bankers Of Blocking Competition

A new class action alleges that international megabanks used their monopoly power to manipulate the credit default swaps market. Sheet Metal Workers Local No. 33 Cleveland District Pension Plan has filed a class action in Illinois federal…

Rank this Week: 1339

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: 2137

Antitrust and Competition…

Antitrust and Competition Newsletter

By Orrick, Herrington & Sutcliffe LLP.

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

Jun 2
Competition and Innovation: Application of European Competition Law to a Rival’s Demand for Access to a Competitor’s Data

Competition and Innovation: Application of European Competition Law to a Rival’s Demand for Access to a Competitor’s Data

The Internet has given rise to information-based businesses that create value by accumulating pools of data captured from many sources. Indeed, the collection and analysis of vast amounts of consumer data has become the engine driving…
Jun 2
Court Issues Ruling Establishing Framework for RAND Royalty Rates for SEP

Court Issues Ruling Establishing Framework for RAND Royalty Rates for SEP

On April 25, 2013, in Microsoft Corp. v. Motorola, Inc., Case No. C10-1823 (W.D. Wash.), U.S. District Judge James Robart issued the first-ever detailed determination by a U.S. district court of a “reasonable and…
Jun 2
Anheuser-Busch and Grupo Modelo Settle Merger Challenge

Anheuser-Busch and Grupo Modelo Settle Merger Challenge

On April 22, 2013, the U.S. District Court for the District of Columbia approved Anheuser-Busch’s and Grupo Modelo’s settlement with the U.S. Department of Justice, resolving the Department’s antitrust lawsuit that…

Rank this Week: 2246

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: 2395

Antitrust Lawyer Blog

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

http://www.antitrustlawyerblog.com/

Apr 18
FTC Takes Action Against Charlotte Pipe’s Consummated Purchase of Star Pipe

FTC Takes Action Against Charlotte Pipe’s Consummated Purchase of Star Pipe

On April 2, 2013, the Federal Trade Commission (“FTC”) and Charlotte Pipe and Foundry, (“Charlotte Pipe”), a leading producer and seller of cast iron soil pipes (“CISP”) used for sewage and drainage in the United States, entered…
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....

Rank this Week: 2242

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: 3229

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: 2974

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: 4247

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: 4151

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