Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct. While experts told Law360 that it’s not clear what the remarks will mean for SSOs when it comes to enforcement, they’re watching to find out.
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The Federal Trade Commission asked the Ninth Circuit on Thursday to allow the agency to participate in oral arguments in a challenge to Seattle's ordinance allowing Uber and Lyft drivers to unionize, saying the law runs afoul of the so-called state action doctrine and could lead to too many antitrust exemptions.
Trade group Pharmaceutical Research and Manufacturers of America on Friday sued California to block a newly approved drug pricing law, calling it a vast overreach that amounts to a “nationwide ban” on price increases.
Following his approval of the banks’ combined $148 million settlement, a New York federal judge on Thursday granted $34.88 million in attorneys’ fees to counsel for two investor classes alleging JPMorgan and Deutsche Bank rigged the London Interbank Offered Rate.
Nucap Industries Inc. can’t depose Robert Bosch GmbH’s chairman in a lawsuit over Bosch’s alleged theft of brake design components since there’s no evidence he’s involved in the issues at hand, an Illinois federal magistrate judge said Thursday.
Prosecutors seeking to convict two former Deutsche Bank traders on Libor rigging charges told a New York federal court Thursday that the case doesn't rely on proving the pair meant to deceive the U.K. banking organization that actually set the global lending benchmark.
An Illinois federal judge has given three attorneys from Barrett Law Group PA, NastLaw LLC and Roberts Law Firm PA the green light to lead a consumer class action alleging that a now-canceled program to slaughter milk cows resulted in illegal price-fixing for dairy products.
The U.S. Department of Justice told the U.S. Supreme Court on Thursday that it should vacate and remand the Second Circuit’s ruling that the use of increased fees to fund rewards for cardholders justifies American Express' anti-steering provisions imposed on merchants, claiming the ruling overlooked the central concern of antitrust laws: the preservation of competitive prices.
U.S. District Judge Richard J. Leon on Thursday set a March 19 bench trial in the government’s challenge of AT&T’s $85.4 billion deal to purchase Time Warner Inc., rejecting AT&T's request for an earlier trial date.
The European Commission said Friday it has sued Ireland for not collecting nearly €13 billion ($15.5 billion) in taxes the regulator found Apple Inc. should have paid, shortly after the tech giant escrowed the money while its challenge to the EC’s determination proceeds.
The European Union’s chief antitrust enforcer on Friday cited “deep competition concerns” about Deutsche Lufthansa AG’s proposal to buy €210 million ($247 million) in assets from beleaguered rival Air Berlin PLC.
Sanctions handed down by the International Skating Union to speed skaters who participate in events not authorized by the organization are “disproportionately punitive” and restrict competition in favor of the ISU’s own commercial interest, the European Union’s antitrust watchdog said in a statement Friday.
Operators of a proposed Dunkin’ Donuts baking facility in Trenton, New Jersey, launched an antitrust lawsuit Wednesday in federal court against a group of Dunkin’ Brands franchisees and local businesses, accusing them of unlawfully boycotting the creation of the bakery in order to maintain their market share in South Jersey.
The Fourth Circuit on Thursday granted an unopposed motion to dismiss an antitrust suit brought against Pfizer Inc. by a putative class of health benefits plans that alleged the company used anti-competitive practices to get a patent for the inflammation medication Celebrex.
Northrop Grumman Corp. on Wednesday said the Federal Trade Commission hit it with a second request for information related to its all-cash bid to buy defense technology services company Orbital ATK Inc. for $7.8 billion in cash and $1.4 billion in debt.
An Alabama federal judge has ordered two Georgia-based Blue Cross Blue Shield units operated by Anthem to produce missing data in multidistrict litigation alleging the health care provider fixed insurance prices, telling the provider that if it does not submit the documents, it must explain why under oath.
The Third Circuit Tuesday declined Valspar Corp.’s motion rehear a $176 million lawsuit accusing DuPont of chemical price fixing.
Shire’s recent claims that Allergan Inc. improperly discounted various drugs in an attempt to keep Medicare Part D beneficiaries from using Shire’s competing treatment for dry eyes “runs counter to the very fabric” of antitrust law, Allergan told a New Jersey federal court on Tuesday.
Italy's antitrust enforcer said Wednesday that it has fined Unilever’s Italian subsidiary more than 60 million euros ($70 million) for freezing out competitors in the country’s single-serve ice cream market.
The recent conviction of former HSBC foreign exchange executive Mark Johnson has shocked market participants and could lead to a reduction in liquidity for block trades in the foreign exchange and other over-the-counter markets, say members of The Brattle Group and AGN Advisory.
Federal Communications Commission Chairman Ajit Pai bills his recent net neutrality proposal as a “repeal” of the 2015 rules, but it really just imposes his own version of net neutrality through impenetrable and ultimately ineffectual disclosures that both harm providers and confuse users, says Doug Hass, general counsel at Lifeway Foods Inc.
Five competition-related authorities recently issued another “top-level design" for promoting implementation of China’s Fair Competition Review System, which should contribute to achieving the Chinese government's goals of regulating the activities of government agencies and maintaining fair competition in markets, say Shelley Zhang and David Goldstein of Orrick Herrington & Sutcliffe LLP.
In 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by adopting a patent policy that mandates “ex ante” royalty rate disclosures. I recently spoke to Ray Alderman, who conceived of and pushed the new policy through implementation, about the factors that have made the policy a success over the last 10 years, says Anne Layne-Farrar of Charles River Associates.
In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.
The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.
Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.
Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.
In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.
Statoil ASA will pay $4 million to resolve claims that the company attempted to manipulate propane prices, but the intent evidence that the U.S. Commodity Futures Trading Commission relied upon is not very persuasive, say attorneys with Willkie Farr & Gallagher LLP.