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Antitrust & Competition Policy…
Antitrust & Competition Policy Blog
Edited by D. Daniel Sokol and Shubha Ghosh.
http://lawprofessors.typepad.com/antitrustprof_blog/
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Oct 19
Where Do We Stand on Discounts after Intel?
Where Do We Stand on Discounts after Intel?Christian Bergqvist, University of Copenhagen - Faculty of Law asks Where Do We Stand on Discounts after Intel? ABSTRACT: The dominant undertaking’s ability to award discounts and other loyalty inducing considerations are subject to much… -
Oct 19
Patent Assertion Entities and Legal Exceptionalism in Europe and the United States, a Comparative View
Patent Assertion Entities and Legal Exceptionalism in Europe and the United States, a Comparative ViewJorge L. Contreras, University of Utah - S.J. Quinney College of Law and Peter Georg Picht University of Zurich - Institute of Law; Max Planck Institute for Innovation and Competition offer Patent Assertion Entities and Legal Exceptionalism… -
Oct 19
The Effect of Optimal Penalties for Organizations Convicted of Price Fixing in the Presence of Criminal Sanctions for Individual
The Effect of Optimal Penalties for Organizations Convicted of Price Fixing in the Presence of Criminal Sanctions for IndividualBruce H. Kobayashi, George Mason University - School of Law and Michelle Burtis, Charles River Associates (CRA) International explore The Effect of Optimal Penalties for Organizations Convicted of Price Fixing in the Presence of Criminal…
Rank this Week: 13
M & A Law Prof Blog
M & A Law Prof Blog
Edited by Brian J.M. Quinn, Afra Afsharipour, and Michael A. Woronoff.
http://lawprofessors.typepad.com/mergers/
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Aug 18
Faculty Position - Richmond
Faculty Position - RichmondRichmond is seeking to fill slots in the corporate area. See notice below: The University of Richmond School of Law seeks to fill three tenure-track positions for the 2018-2019 academic year, including one in corporate/securities law.… -
Apr 21
Call for Papers: Access to the Courts in the Transactional Setting
Call for Papers: Access to the Courts in the Transactional SettingCALL FOR PAPERS AALS Section on Transactional Law and Skills Access to the Courts in the Transactional Setting 2018 AALS Annual Meeting San Diego, CA This call for papers solicits unpublished papers that analyze the question of access to… -
Apr 4
Call for Papers: Workshop for Corporate & Securities Litigation
Call for Papers: Workshop for Corporate & Securities LitigationFifth Annual Workshop for Corporate & Securities Litigation: Call for Papers UCLA School of Law, in conjunction with the University of Richmond School of Law, Boston University School of Law, and University of Illinois College of Law,…
Rank this Week: 140
Truth on the Market
Truth on the Market
Commentary on business law, antitrust, and corporate governance by law professors and economists. By Adam Mossoff, Ben Sperry, Eric Helland, Geoffrey Manne, Gus Hurwitz, Larry Ribstein, Mike Sykuta, Paul Rubin and Thom Lambert.
http://truthonthemarket.com/
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Oct 17
Strong Patent Protection Promotes Strong Economie
Strong Patent Protection Promotes Strong EconomieIn her distinguished tenure as a Commissioner and as Acting Chairman of the FTC, Maureen Ohlhausen has done an outstanding job in explaining the tie between robust patent protection and economic growth and innovation (see, for example, her… -
Oct 6
IMG-Learfield: An antitrust reality check on two-sided market merger
IMG-Learfield: An antitrust reality check on two-sided market mergerYesterday Learfield and IMG College inked their recently announced merger. Since the negotiations were made public several weeks ago, the deal has garnered some wild speculation and potentially negative attention. Now that the merger has been… -
Sep 28
Single Firm Conduct: European Competition Policy, the European Court of Justice, and Brexit
Single Firm Conduct: European Competition Policy, the European Court of Justice, and BrexitIn recent years, the European Union’s (EU) administrative body, the European Commission (EC), increasingly has applied European competition law in a manner that undermines free market dynamics. In particular, its approach to…
Rank this Week: 210
Antitrust Law Source
Antitrust Law Source
Covers antitrust and consumer protection. By Porter Wright Morris & Arthur LLP.
http://www.antitrustlawsource.com/
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Oct 19
Porter Wright presents Food & Agriculture Quarterly
Porter Wright presents Food & Agriculture QuarterlyWelcome to our inaugural issue of Food & Agricultural Quarterly (FAQ). This new, industry-focused publication was designed to focus on the key issues food and agriculture industry stakeholders are facing – regardless of whether you… -
Oct 9
DCMA Agent Requirements Changing
DCMA Agent Requirements ChangingBob Morgan, our colleague at the TechnologyLawSource, shares detail about the upcoming Digital Millennium Copyright Act (DCMA) agent filing change that takes effect Dec. 31. This agent filing is a necessary element of the Digital… -
Sep 19
Is it time to change the focus of the antitrust laws? The debate is heating up
Is it time to change the focus of the antitrust laws? The debate is heating upThere is currently a tug-of-war going on over the heart and soul of the antitrust laws. Well, perhaps that is a bit dramatic. But it is certainly fair to say that there is surging sentiment that the antitrust laws, and specifically antitrust…
Rank this Week: 428
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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Oct 1
FTC Settles With Integra on its Acquisition of J&J’s Codman Neuro Division
FTC Settles With Integra on its Acquisition of J&J’s Codman Neuro DivisionOn September 27, 2017, the FTC announced that Integra LifeSciences Holdings Corp. (“Integra”) and Johnson & Johnson (“J&J”) agreed to a divestiture of five neurosurgical medical device product lines to settle… -
Sep 28
DOJ Protects U.S. Electric Arc Furnace Mill Operator
DOJ Protects U.S. Electric Arc Furnace Mill OperatorOn September 27, 2017, the DOJ announced Showa Denko K.K. (“SDK”) will be required to divest SGL Carbon SE’s (“SGL”) entire U.S. graphite electrodes business in order for SDK to proceed with its proposed $264.5… -
Sep 27
Does Avoiding a Second Request Mean that Your Deal Is Approved?
Does Avoiding a Second Request Mean that Your Deal Is Approved?The answer is No. The fact that your deal avoided a second request investigation does not mean that you are in the clear if your deal substantially lessens competition in a relevant antitrust market. The Department of Justice’s…
Rank this Week: 439
Consumer Goods & Retail…
Consumer Goods & Retail Industry Litigation Blog
Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.
http://cpg-retail-litigation.kotchen.com/
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Mar 6
News America Marketing Settles Advertiser Antitrust Claims for $280 Million
News America Marketing Settles Advertiser Antitrust Claims for $280 MillionNews America Marketing agreed last week to pay approximately $280 million to settle claims brought by advertising customers for alleged antitrust overcharges.The settlement was announced on the first day of trial, at which Dial Corporation,… -
Jan 28
Advertiser Class Action Against News Corp Related to In-Store Advertising Scheduled for February 29, 2016 Trial
Advertiser Class Action Against News Corp Related to In-Store Advertising Scheduled for February 29, 2016 TrialA class action lawsuit filed by Dial Corporation against News Corporation has survived multiple procedural hurdles and appears to be headed for trial on February 29.On June 18, 2015, Dial won a motion for class certification, permitting… -
Nov 25
Retailer Challenges Clorox’s “Club Pack” Policy as Robinson-Patman Violation
Retailer Challenges Clorox’s “Club Pack” Policy as Robinson-Patman ViolationWoodman’s Food Market, Inc. recently filed a lawsuit against The Clorox Company, alleging that Clorox’s policy of no longer selling “large pack” – a.k.a.…
Rank this Week: 397
Deal Law Wire
Deal Law Wire
Addresses private equity, foreign investment in Canada, antitrust/competition, cross-border transactions, litigation, taxation, employment and intellectual property issues that affect deal-making. By Norton Rose Fulbright.
http://www.deallawwire.com/
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Oct 19
Friends, consumers, stakeholders: lend me your ear
Friends, consumers, stakeholders: lend me your earThe importance of a clear and well executed public relations strategy can sometimes be overlooked when a corporation is in the middle of negotiating a merger or acquisition. However, involving your PR team early on in the transaction can pay… -
Oct 17
Canadian M&A activity: mixed results for Q3 2017
Canadian M&A activity: mixed results for Q3 2017As the Globe and Mail reports, Thomson Reuters has recently released figures for Canadian mergers and acquisitions in the third quarter of 2017. The figures show that while the volume of deals involving Canadian companies in the third quarter… -
Oct 12
Regulators take aim at cryptocurrencie
Regulators take aim at cryptocurrencieThe emergence of cryptocurrencies and blockchain technology over the past several years has shaken up the financial services sector in unprecedented fashion, in a corner of the Canadian economy that has been notoriously slow to adopt and…
Rank this Week: 888
Canadian Competition & Antitrust…
Canadian Competition & Antitrust Law
Covers Canadian competition law. By by Steve Szentesi.
http://www.ipvancouverblog.com/
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Oct 11
Individual Pleads to Criminal Bid-rigging For Condo Project
Individual Pleads to Criminal Bid-rigging For Condo ProjectOctober 11, 2017 On October 10, 2017, the Competition Bureau (Bureau) announced that another individual has pleaded guilty to rigging bids in relation to a condominium development project investigation (see: here). In this case, an estimator… -
Oct 4
Digital Marketing Strategies and Legal Issues For Associations & Their Member
Digital Marketing Strategies and Legal Issues For Associations & Their MemberOctober 4, 2017 I am pleased to be presenting again at the Canadian Society of Association Executive’s (CSAE) National Conference – this year in St. John’s, Newfoundland. I’ll be co-presenting a session this year,… -
Sep 28
Supreme Court Confirms Crown Immunity in Competition Class Action
Supreme Court Confirms Crown Immunity in Competition Class ActionSeptember 28, 2017 It is relatively uncommon for the Supreme Court of Canada (SCC) to hear competition law cases. However, in an interesting decision handed down earlier today (Canada (Attorney General) v. Thouin), the SCC confirmed the…
Rank this Week: 854
The Contingency
The Contingency
Insights on sharing the risks and rewards of high-stakes business disputes. By Barry Barnett.
http://www.thecontingency.com
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Oct 18
Preparing Difficult Witnesses for Trial — Part 2
Preparing Difficult Witnesses for Trial — Part 2In Preparing Difficult Witnesses for Trial — Part 1, we looked at the four major types of trial witnesses. We also sketched “some of the more significant ethical considerations that govern your dealings with each category”.… -
Oct 15
Preparing Difficult Witnesses for Trial — Part 1
Preparing Difficult Witnesses for Trial — Part 1For your client to win at trial, the trial lawyer in you must tell a human story, one that moves jurors to decide in your client’s favor. Flesh-and-blood witnesses fill essential roles in the drama. So-so ones will turn the story to… -
Sep 4
Multiples for Pharma Buyers Pursuing Opt-Out Antitrust Claim
Multiples for Pharma Buyers Pursuing Opt-Out Antitrust ClaimExistential threshold The number of companies that can bring treble-damages claims against drug manufacturers for violating federal antitrust law has dwindled. The scarcity has grown so acute that last week it crossed an existential…
Rank this Week: 1819
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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Oct 18
Blockchain Technology and Securities Markets are the Focus of Recent SEC Investor Advisory Committee Meeting
Blockchain Technology and Securities Markets are the Focus of Recent SEC Investor Advisory Committee MeetingOn October 12, 2017, the U.S. Securities and Exchange Committee (“SEC”) held an Investor Advisory Committee (“IAC”) meeting which largely focused on blockchain technology and the implications for securities… -
Oct 17
Released CFIUS Annual Report Shows Heightened Scrutiny
Released CFIUS Annual Report Shows Heightened ScrutinyCFIUS recently published a summary of their 2015 CFIUS Annual Report to Congress. CFIUS is charged with reviewing foreign investments and advising the President on appropriate actions that may be necessary to suspend or prohibit foreign… -
Oct 5
Government Contracts M&A Moving at Breakneck Speed: Contractors Advised to Slow Down and Ensure Compliance
Government Contracts M&A Moving at Breakneck Speed: Contractors Advised to Slow Down and Ensure ComplianceThe pace at which government contractors are engaging in mergers & acquisitions has increased notably in recent years, as a stream of recent stories in the Washington Post and New York Times have reported. The acquisition of a government…
Rank this Week: 3616
Antitrust Law Blog
Antitrust Law Blog
Covers current antitrust news and regulatory developments. By Sheppard Mullin.
http://www.antitrustlawblog.com/
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Oct 16
Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space
Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into SpaceOn September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp. The case is Optronic… -
Sep 29
Makan Delrahim Confirmed as U.S. Assistant Attorney General for Antitrust Division
Makan Delrahim Confirmed as U.S. Assistant Attorney General for Antitrust DivisionAfter a lengthy confirmation process, Makan Delrahim has been confirmed by the Senate to serve as the next U.S. Assistant Attorney General for the DOJ’s Antitrust Division. While President Donald Trump originally announced… -
Sep 12
Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU
Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EUAccording to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called…
Rank this Week: 1206
Delaware Intellectual Property…
Delaware Intellectual Property Litigation
Covers intellectual property and antitrust litigation. By Fox Rothschild LLP.
http://delawareintellectualproperty.foxrothschild.com/
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Oct 14
Judge Andrews Finds Plaintiff Proved Infringement of Asserted Claims of Patents-in-Suit Following Three-Day Bench Trial in Hatch-Waxman Action
Judge Andrews Finds Plaintiff Proved Infringement of Asserted Claims of Patents-in-Suit Following Three-Day Bench Trial in Hatch-Waxman ActionFollowing a three-day bench trial in the matter on June 5-7, 2017 and after having considered the entire record in the case and the applicable law, the Court, through Trial Opinion, entered by The Honorable Richard G. Andrews in Orexigen… -
Oct 7
Chief Judge Stark Denies Defendant’s Motion for Summary Judgment in Antitrust Action
Chief Judge Stark Denies Defendant’s Motion for Summary Judgment in Antitrust ActionBy Memorandum Order entered by The Honorable Leonard P. Stark in GN Netcom, Inc. v. Plantronics, Inc., Civil Action No. 12-1318-LPS (D.Del. September 29, 2017), the Court denied Defendant Plantronics, Inc.’s motion for summary judgment… -
Sep 23
Chief Judge Stark Grants IBM’s Motion for Summary Judgment of No Anticipation
Chief Judge Stark Grants IBM’s Motion for Summary Judgment of No AnticipationBy Memorandum Opinion entered by The Honorable Leonard P. Stark in International Business Machines Corp. v. The Priceline Group Inc. et al., Civil Action No. 15-137-LPS (D.Del. September 18, 2017), the Court, among other things, granted…
Rank this Week: 2417
Antitrust Commentary
Antitrust Commentary
Provides commentary on recent antitrust developments. By Matthew S. Wild.
http://antitrustcommentary.com
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Oct 12
Chicago Cubs Defeat Antitrust Lawsuit Based On Baseball’s Antitrust Exemption
Chicago Cubs Defeat Antitrust Lawsuit Based On Baseball’s Antitrust ExemptionIn Right Field Rooftops, LLC v. Chicago Cubs Baseball Club, LLC, No. 16-3582, 2017 U.S. App. LEXIS 16847 (7th Cir. Sept. 1, 2017), the Seventh Circuit affirmed dismissal of monopolization (and attempted monopolization) claims against… -
Oct 2
Major League Baseball’s Antitrust Immunity Defeats Baseball Scouts’ Class Action
Major League Baseball’s Antitrust Immunity Defeats Baseball Scouts’ Class ActionIn Wyckoff v. Officer of the Commissioner of Baseball, No. 16-3795-cv, 2017 U.S App. LEXIS 16728 (Aug. 31, 2017), the Second Circuit affirmed dismissal of a putative antitrust class action brought by professional baseball scouts against… -
Sep 14
Eleventh Circuit Reverses Dismissal of Auto Body Companies’ Sherman Act Section 1 Complaint
Eleventh Circuit Reverses Dismissal of Auto Body Companies’ Sherman Act Section 1 ComplaintIn Quality Auto Painting Ctr. of Roselle, Inc. v. State Farm Indem. Co., No. 15-14160, 2017 U.S. App. LEXIS 17138 (11 Cir. Sept. 7, 2017), the Eleventh Circuit recently reversed the dismissal of the actions brought by auto body shops against…
Rank this Week: 3956
Antitrust and Competition…
Antitrust and Competition Newsletter
By Orrick, Herrington & Sutcliffe LLP.
http://blogs.orrick.com/antitrust/
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Oct 2
Is Big Data a Big Deal? A Competition Law Approach to Big Data
Is Big Data a Big Deal? A Competition Law Approach to Big DataOrrick Antitrust & Competition partner Alex Okuliar has co-authored an article in the European Competition Journal with Greg Sivinski, Assistant General Counsel in the Competition Law Group at Microsoft, and Lars Kjolbye, a… -
Sep 13
Big Data: German Antitrust Decision Regarding Facebook Expected in 2017
Big Data: German Antitrust Decision Regarding Facebook Expected in 2017As more internet users entrust their personal data to operators of websites, operators’ use of this “Big Data” has become a growing concern. As a result, government agencies around the world are grappling with whether and… -
Sep 13
Big Data: German Antitrust Decision Regarding Facebook Expected in 2017
Big Data: German Antitrust Decision Regarding Facebook Expected in 2017As more internet users entrust their personal data to operators of websites, operators’ use of this “Big Data” has become a growing concern. As a result, government agencies around the world are grappling with whether and…
Rank this Week: 3232
The Antitrust Attorney Blog
The Antitrust Attorney Blog
Covers antitrust and consumer law. Published by Jarod Bona of Bona Law PC.
http://www.theantitrustattorney.com/
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Oct 1
What is the statute of limitations for a federal antitrust claim?
What is the statute of limitations for a federal antitrust claim?The short answer to the statute-of-limitations question is that an antitrust action must be commenced “within four years after the cause of action accrued.” (15 U.S.C. § 15b). And the antitrust cause of action accrues when… -
Sep 13
Is an Anticompetitive Contract Clause an Ancillary Restraint that will survive Antitrust Scrutiny?
Is an Anticompetitive Contract Clause an Ancillary Restraint that will survive Antitrust Scrutiny?As a regular reader of The Antitrust Attorney Blog, you understand that setting prices or allocating markets with your competitor is a terrible idea. Doing so is likely to lead to civil litigation and perhaps even criminal penalties. Price… -
Aug 23
Proposed Legislation to Grant Antitrust Immunity to State Licensing Boards Misses Mark
Proposed Legislation to Grant Antitrust Immunity to State Licensing Boards Misses MarkAuthor: Aaron Gott Senators Mike Lee, Ted Cruz, and Benjamin Sasse recently proposed a bill to enact the Restoring Board Immunity Act of 2017, which would give state licensing boards antitrust immunity that they may not otherwise be entitled…
Rank this Week: 2549
Antitrust Lawyer Blog
Antitrust Lawyer Blog
Covers antitrust. By Doyle, Barlow & Mazard PLLC.
https://www.antitrustlawyerblog.com/
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Oct 1
FTC Settles With Integra on its Acquisition of J&J’s Codman Neuro Division
FTC Settles With Integra on its Acquisition of J&J’s Codman Neuro DivisionOn September 27, 2017, the FTC announced that Integra LifeSciences Holdings Corp. (“Integra”) and Johnson & Johnson (“J&J”) agreed to a divestiture of five neurosurgical medical device product lines to settle… -
Sep 28
DOJ Protects U.S. Electric Arc Furnace Mill Operator
DOJ Protects U.S. Electric Arc Furnace Mill OperatorOn September 27, 2017, the DOJ announced Showa Denko K.K. (“SDK”) will be required to divest SGL Carbon SE’s (“SGL”) entire U.S. graphite electrodes business in order for SDK to proceed with its proposed $264.5… -
Sep 27
Does Avoiding a Second Request Mean that Your Deal Is Approved?
Does Avoiding a Second Request Mean that Your Deal Is Approved?The answer is No. The fact that your deal avoided a second request investigation does not mean that you are in the clear if your deal substantially lessens competition in a relevant antitrust market. The Department of Justice’s…
Rank this Week: 2080
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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Aug 7
Antitrust Analysis of Joint Ventures – Ancillary Restraint
Antitrust Analysis of Joint Ventures – Ancillary RestraintMy latest piece on joint ventures — and the ancillary restraints doctrine — is available here. -
Aug 1
Speaking on Joint Venture
Speaking on Joint VentureI am pleased to announce that I will be speaking in an upcoming Strafford live webinar, “Antitrust Concerns With Joint Ventures and Other Collaborations: Balancing Competitive vs. Anti-Competitive Effects” scheduled for Thursday,… -
Jul 3
Happy Fourth of July!
Happy Fourth of July!More blog entries to come soon.
Rank this Week: 2830
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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Jul 14
Justice Department asked to investigate Amazon’s "monopolization" of book market
Justice Department asked to investigate Amazon’s "monopolization" of book marketThis posting was written by Jeffrey May, J.D.A group of authors, and the American Booksellers Association—a trade association representing independently-owned bookstores—are asking the Department of Justice to scrutinize the… -
Jul 7
New Texas law says franchisors are not employers of franchisees or their employee
New Texas law says franchisors are not employers of franchisees or their employeeThis story was written by Edward L. Puzzo, J.D.Texas has enacted legislation, effective September 1, 2015, specifying that franchisors will not be considered to be the employers of--or in a co-employment relationship with--either franchisees… -
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…
Rank this Week: 4561
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: 1158