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Corporate & Securities Law

Antitrust Blog Review

Provides legal updates in the antitrust and white collar legal arenas.
By Sheppard Mullin Richter Hampton, LLP

Post Frequency: 1.8/day

Last Entry: March 29, 2011 at 20:21:38

California District Court Finds Joint Venture Parties' Price Setting Not Per Se

Posted on June 05, 2008
Delving into "one of the darkest corners of antitrust law," the federal District Court for the Northern District of California recently determined what standard – the per se rule or the rule of reason – should apply to judge the setting of prices by members of a joint venture...

Grocery Store Can Sell Below-Cost Discounts On Gas With Grocery Purchases After Tenth Circuit Reverses Jury Verdict For Competitors

Posted on June 05, 2008
On April 25, 2008, the Tenth Circuit of the United States Court of Appeals reversed a jury's judgment in favor of competitors who challenged a grocery store's practice of offering below-cost discounts on gasoline conditioned on the purchase of a qualifying amount of groceries sold in the store...

FTC Grants Petition To Permit Resale Price Maintenance

Posted on June 05, 2008
The willingness of federal enforcement agencies to lift resale price maintenance ("RPM") prohibitions in light of the Supreme Court's decision holding RPM was no longer per se illegal was demonstrated recently by the FTC. In re Nine West Group, Inc...

D.C. Circuit Overturns FTC Rambus Decision

Posted on May 07, 2008
The antitrust litigation against Rambus for failing to disclose patents to JEDEC, a standard setting body (SSO), took another twist last week. In Rambus v. FTC, No. 07-1086 (D.C. Cir. 2008), the court unanimously set aside the FTC decision holding that Rambus' conduct constituted monopolization under Section 2 of the Sherman Act...

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Defendant Sleep Mask Manufacturer Can Sleep Well After Court Puts Exclusive Dealing Claims To Bed

Posted on May 07, 2008
On March 31, 2008, a federal district court in Ohio granted summary judgment after finding insufficient evidence to support a claim that Respironics, Inc., a manufacturer of positive airway pressure devices ("PAPs") and masks used to treat obstructive sleep apnea ("OSA"), entered into exclusive deals with sleep labs and durable medical equipment suppliers ("DMEs") to prescribe Respironics' products to the exclusion of others...

Not Its Beer of Choice: Canada's Competition Commissioner Cannot Stop the Tap on Beer Merger and Must Swallow Own Production Subpoenas

Posted on May 07, 2008
Over the last several months, Canada's head federal antitrust enforcer, the Commissioner of Competition, has lost three rounds of disputes with Labatt Brewing Company Limited. Labatt is the second largest brewery in Canada. The first two losses relate to the Commissioner's attempt to temporarily block Labatt from completing its merger with Lakeport Brewing Limited Partnership in order to give the Commissioner more time to review the deal...

D.C. Circuit Overturns FTC Rambus Decision

Competitors of Copier Equipment Provider Entitled to a "Kodak Moment" in Alleging a Single Provider Relevant "Aftermarket" in Avoiding a Motion to Dismiss

Posted on May 07, 2008
Competitors of a copier equipment provider, IKON Office Solution ("IKON") alleged that defendant IKON used "fraudulent practices" to secure and lengthen its customer contracts, and thus reducing the ability of competing copier equipment providers to contest for "aftermarket" business...

Defendant Sleep Mask Manufacturer Can Sleep Well After Court Puts Exclusive Dealing Claims To Bed

Not Its Beer of Choice: Canada's Competition Commissioner Cannot Stop the Tap on Beer Merger and Must Swallow Own Production Subpoenas

International Highlights

Posted on May 06, 2008
On May 5, the European Commission announced that it had sent a statement of objections to a number of suppliers of marine hoses. Marine hoses are used by customers in the oil and defense industries to transport oil and petroleum products between tankers and storage facilities...

European Commission Publishes Proposals to Encourage Private Antitrust Litigation in the EU

Posted on April 07, 2008
On April 3, the European Commission ("EC") published its long-awaited "White Paper" or policy proposals to increase the number of private antitrust damages actions in the EU. The White Paper sets out suggestions for concrete measures "to help victims of EU competition law infringements to get compensation for the harm they have suffered"...

DOJ Statement On Satellite Radio Merger Provides Guidance For Future Mergers

Posted on April 07, 2008
Satellite radio is a fairly recent phenomena. Unlike the usual AM/FM radio, satellite radio offers hundreds of commercial free channels. It includes niche music formats (e.g. 60s music), out of market sporting events, and exclusive programming such as Howard Stern or Oprah & Friends...

Private Civil Lawsuits Under China Anti-Monopoly Law

Posted on April 07, 2008
The Anti-monopoly Law of China (“AML”) will come into effect soon and accompany the approaching Beijing Olympics. As preparation for this highly significant law , the Implementation Rules of AML (“Implementing Rule”) have been extensively discussed within the anti-monopoly authorities...

Antitrust Class Action Monopolization Claims Against eBay Will Proceed; Tying Arrangement Claims Dismissed

Posted on April 07, 2008
On March 4, 2008, a federal district court in San Jose, CA, refused to dismiss an antitrust class action complaint against eBay, the online auction company, brought by online auction participants seeking to represent a class of all eBay auction sellers and a subclass of all auction sellers on eBay who accept PayPal as the method of online payment...

European Commission Publishes Proposals to Encourage Private Antitrust Litigation in the EU

DOJ Statement On Satellite Radio Merger Provides Guidance For Future Mergers

Private Civil Lawsuits Under China Anti-Monopoly Law

Antitrust Class Action Monopolization Claims Against eBay Will Proceed; Tying Arrangement Claims Dismissed

International Highlights

Posted on April 07, 2008
On March 12, the UK's House of Lords (HoL) allowed an appeal by Ian Norris, former chief executive of the Morgan Crucible Group, against a decision of the High Court which had held that dishonest price-fixing is capable of amounting to the English common law offence of conspiracy to defraud and so is an extradition offence...

Competitors of Copier Equipment Provider Entitled to a "Kodak Moment" in Alleging a Single Provider Relevant "Aftermarket" in Avoiding a Motion to Dismiss

Posted on March 12, 2008
Competitors of a copier equipment provider, IKON Office Solution ("IKON") alleged that defendant IKON used "fraudulent practices" to secure and lengthen its customer contracts, and thus reducing the ability of competing copier equipment providers to contest for "aftermarket" business...

FDA Citizen Petition Found To Be Objectively Baseless

Posted on March 12, 2008
FDA regulations provide that anyone can file a "Citizen Petition" to request that the FDA take, or refrain from taking, administrative action based on genuine safety, scientific, or legal concerns. In recent years, owners of branded drugs approved by the FDA have sometimes filed Citizen Petitions on the eve of FDA approval of generic equivalents...

The Fourth Circuit Court of Appeals Upholds Most of the State of Washington's Regulations on the Sales of Alcoholic Beverages

Posted on March 12, 2008
On January 28, 2008, the Fourth Circuit Court of Appeals reversed a federal district court decision that had struck down most of the regulations on the sales of alcoholic beverages imposed by the State of Washington in Costco Wholesale Corp. v. Maleng et al...

FTC Finds Patent Holder's Refusal to Honor Licensing Agreements on Technology Adopted by Standard Setting Organization Unlawful

Posted on February 08, 2008
Businesses that participate in Standard Setting Organizations ("SSOs") and seek adoption of their technologies in standards now arguably face additional exposures. Extending a line of previous SSO patent "hold-up" cases, including Dell, Unocal, and Rambus, the Federal Trade Commission has used its most recent SSO case to define a broader potential scope for liability under Section 5 of the FTC Act, 15 U...

Court Dismisses Short Sellers' Price-Fixing Claims

Posted on February 08, 2008
In one of the first cases to apply the U.S. Supreme Court's opinion in Credit Suisse Securities (USA) v. Billing, 127 S.Ct. 2383 (2007), a New York District Court found "clear incompatibility" between federal securities and antitrust laws and dismissed allegations that brokerage firms fixed prices charged to short sellers...

In a Case Alleging an Illegal Tie "Zero Foreclosure" Means "Zero Case" Duh

Posted on February 07, 2008
Dudley v. Aspen Realty, Inc., D. Idaho, Case No. CV-04-121-S-BLW, 11/30/07Defendants were realtors in Boise, Idaho. The realtors based their commission charges on the price of both an undeveloped lot, and the price of the home to be built on the lot at a subsequent time...

Two Recent Circuit Court of Appeals Decisions Addressing Standing Under The Antitrust Laws

Posted on February 07, 2008
In a Fourth Circuit opinion, the court upheld the standing to sue of a plaintiff (former owner of WordPerfect) assertedly injured by defendant as a means to inflict harm to competition in the defendant's market (operating systems) even though plaintiff did not participate in defendant's market...

New Filing Thresholds for HSR Act Premerger Notifications

Posted on February 07, 2008
The Hart-Scott-Rodino Antitrust Improvements Act of 1976 imposes premerger notification and waiting period obligations on transactions over a certain size, where the parties are over a certain size, before those transactions may be completed. Each "person" who is a party to an HSR-reportable deal must file an HSR notification with the DOJ and the Federal Trade Commission...

AdBriefs

Posted on January 10, 2008

Advertising & Promotions Law

Posted on January 10, 2008

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