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14 May 2022, 1:51 am
I remember how Cravath partner Gary Bornstein told Judge Yvonne Gonzalez Rogers (YGR) at the TRO and PI hearings in 2020 that a party simply should not have to abide by a contract that was unilaterally imposed upon it in violation of the antitrust laws. [read post]
13 May 2022, 10:39 am
Doe, decided by Judges Consuelo Callahan and Lawrence VanDyke and District Judge Yvonne Gonzalez Rogers (N.D. [read post]
28 Apr 2022, 11:31 pm
"What isn't clear to me here is how this disadvantages Bandcamp as compared to any rival marketplace.For the purpose of securing a PI, Epic's motion must be focused, and Epic had to carefully avoid that Judge Gonzalez Rogers's decision in the Apple case--no matter how flawed in at least some areas--would serve as binding precedent in Google's favor. [read post]
18 Apr 2022, 1:14 am
That transcendental relevance warrants taking a closer look, though I wouldn't view it as a game changer in the App Store antitrust case if Epic prevailed on that one: Judge Yvonne Gonzales Rogers ("YGR") held that Section 2 applied, but that Epic would have lost under Section 1 anyway.To continue with the Section 1/2 part, you can click here. [read post]
31 Mar 2022, 11:00 pm
But it won't be hard for the United States Court of Appeals for the Ninth Circuit to see that Judge Yvonne Gonzalez Rogers ("YGR") of the United States District Court for the Northern District of California made some serious mistakes at least in connection with the single most important part: market definition.It starts with the fact that Judge YGR defined the relevant market as "digital mobile gaming transactions", as if there had ever been such a thing as… [read post]
28 Mar 2022, 12:51 am
While Judge Yvonne Gonzalez Rogers ("YGR") of the United States District Court for the Northern District of California had some great moments during the Epic Games v. [read post]
26 Mar 2022, 3:22 am
Apple).There's a transparent reason--but unfortunately one that has nothing to do with proper administration of justice--for which Judge Yvonne Gonzalez Rogers, whose approach to the case I described as "extremely honest" in January, presumably never wanted to adopt a single-brand market definition. [read post]
24 Mar 2022, 11:38 pm
But most if not all of the failures the district judge criticizes Epic for involve mixed questions of law and fact or even the ultimate legal conclusions (which of course always involve facts, but that doesn't mean the logic that led to the conclusions is reviewed for clear error).It is true that Epic has a problem with factual findings by Judge Yvonne Gonzalez Rogers that the appeals court may deem dispositive. [read post]
16 Mar 2022, 1:57 am
I agree with Epic to a greater extent than I do with Apple, but U.S. antitrust law and some of Judge Yvonne Gonzalez Rogers's factual findings make it anything but unlikely that Apple may defend its first-round victory and even get the California UCL part (Epic's consolation prize) reversed. [read post]
27 Feb 2022, 12:22 am
But that was really just anecdotal evidence as Judge Gonzalez Rogers called it toward the end of the trial. [read post]
21 Feb 2022, 5:53 pm
Law enforcement officers have a duty to intervene when they have an opportunity to prevent another officer from using unlawful force. [read post]
14 Feb 2022, 8:31 am
District Judge Yvonne Gonzalez Rogers of Oakland, known recently for her ruling in the NCAA antitrust case; Public Counsel CEO Mónica Ramírez Almadani, a former American Civil Liberties Union lawyer who worked in the U.S. [read post]
9 Feb 2022, 8:05 pm
On the one hand, it's understandable that Judge Yvonne Gonzalez Rogers was wondering--especially in light of some Epic-internal emails along the lines of "why go after Apple, not Sony? [read post]
27 Jan 2022, 10:36 am
"What the brief does very persuasively is to draw parallels between how Judge Yvonne Gonzalez Rogers applied the Rule of Reason and the behavior of certain antitrust violators (such as the NCAA in the Alston case).There are some interesting statistics: Epic's ability to show substantial anticompetitive effects was no small achievement. [read post]
26 Jan 2022, 5:01 am
Judge Yvonne Gonzalez Rogers, for example, recently ruled in the Epic v. [read post]
21 Jan 2022, 3:26 am
Here, Epic would like to benefit from the lower hurdle even though app developers have no choice but to accede to Apple's unilaterally-imposed terms.Epic's brief shows that Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California relied on two cases in which there was no contract in a narrow sense and a third in which the one who imposed the terms was not acquitted by the Ninth Circuit (a district court held it potentially… [read post]
12 Jan 2022, 10:38 am
" But today's decision by Judge Yvonne Gonzalez Rogers (N.D. [read post]
2 Jan 2022, 4:05 am
Qualcomm--and while Judge Lucy Koh decided in that case what she thought was right based on the evidence (by now she's on the appeals court, which I'm very happy about), Judge Yvonne Gonzalez Rogers ("YGR") really would have preferred to let a jury decide, as appeals courts don't overturn jury verdicts as easily as judicial findings.Just like the mixed outcome is now particularly appeal-proof, it will also serve to discourage other parties from insisting on… [read post]
1 Jan 2022, 4:36 am
Two new issues arose last year, however, and it's hard to tell which one is worse:the unbelievable power and money grab (with earthquake-like repercussions even on the Android side of the market) resulting from ad tracking (where Apple's self-preferencing is so very obvious), andthe way Apple's AirTags lend themselves to abuse by stalkers and thieves because Apple focused only on network effects instead of prioritizing the prevention of abuse.There's a chance that Apple will do… [read post]
28 Dec 2021, 10:57 pm
By not allowing such alternative approaches, Apple deprives users of potential benefits from competition--and it was actually Judge Yvonne Gonzalez Rogers herself (the very judge who ruled against Epic Games) who noted during the spring trial that competition might be good for security.Apple is predictably going to argue that its own approach is, on the bottom line, still superior--but it won't be able to deny that source code review is an App Place feature that the App Store… [read post]
