Antitrust & Trade Regulation Updates

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Bank Pays $16M to Settle FDIC Charges Over Credit Card Add-On Products

The Federal Deposit Insurance Corporation (FDIC) reached a $16 million deal with a Utah bank recently, settling charges that the financial institution engaged in unfair and deceptive acts and practices. ...more

What Is the Appropriate Market for Analyzing Amazon’s Alleged Power?

The current debate over whether Amazon holds the power of a monopolist or a monopsonist is likely to be narrowed to one question in a court room: What is the relevant product market that Amazon is allegedly dominating? Since...more

Legal FAQ: Section 337 Investigations Before the International Trade Commission

What types of intellectual property claims can be brought before the International Trade Commission? - The U.S. International Trade Commission (“ITC”) investigates claims of unfair competition under Section 337 of the...more

Second Circuit Rules that Foreign Anticompetitive Use of Royalty-Free Patent is Insufficient to Establish a Domestic Effect Giving...

Standards essential patents can run afoul of United States antitrust law when the patent owner acts in a matter which creates anticompetitive risks that outweigh any precompetitive benefit. For example, the Federal Trade...more

Dodd-Frank News: October 2014: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

In This Issue: - RECENT CASES .. Mortgage Servicing Rules .. Antiretaliation Provision ..Credit Default Swaps Antitrust Litigation ..CFPB Involvement in Litigation - IN THE...more

More Turns in the FTC's Antitrust Enforcement Action Against Phoebe Putney Hospital, Inc.

The FTC’s long-running campaign against Phoebe Putney Health System, Inc.’s acquisition of Palmyra Park Hospital, Inc., continues. In an unusual sequence of events, the Commission first conditionally accepted a Consent...more

Hong Kong Competition Commission Publishes Draft Guidelines - a key step toward bringing the Competition Ordinance into full force

The Hong Kong Competition Commission (the "Commission") has published a set of draft guidelines (the "Guidelines") on 9 October 2014 for public consultation. These guidelines, upon finalization, will be submitted to the...more

Dawn raids may not be that high on most firms’ priorities list, but it pays to be prepared for the eventuality

Q: One of our competitors was recently subject to a dawn raid from the UK competition authorities. As a global business, what kind of strategy should we put in place to plan and prepare for a similar event? A: various...more

Recent State Attorney General Merger Enforcement: Charting a Different Path from the Feds - or Not?

As hospital and physician consolidation continues, state Attorneys General (AG) have not abdicated the merger enforcement arena to the Federal Trade Commission (FTC) or the United States Department of Justice (DOJ)...more

Margrethe Vestager: the New EU Competition Commissioner

The competition portfolio in President Juncker’s new Commission falls to Margrethe Vestager, a social liberal politician from Denmark. Margrethe Vestager is expected to take up her post as the new Competition...more

DOJ Will Not Challenge Cyber Security Data Sharing Platform

On October 2, 2014, the U.S. Department of Justice announced that a cyber intelligence data-sharing platform known as TruSTAR, developed by CyberPoint International, LLC, passed antitrust muster. The TruSTAR platform allows...more

FTC Brings First ROSCA Enforcement Action

The Federal Trade Commission (FTC) recently brought its first enforcement action under the Restore Online Shoppers’ Confidence Act (ROSCA) against multiple defendants that the FTC alleges engaged in a common enterprise to...more

Mushroom Growers Denied Capper-Volstead Antitrust Immunity

On October 14, 2014, the Eastern District of Pennsylvania denied a motion for reconsideration brought by members and affiliates of the former Eastern Mushroom Marketing Cooperative (EMMC). In re Mushroom Direct Purchaser...more

CFPB And FTC To Hold Roundtable On Debt Collection In The Latino Community

On October 23, the CFPB and the FTC will hold a roundtable to discuss the effects of debt collection and credit reporting in the Latino community....more

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp. et al.

On November 13, 2014, the Seventh Circuit will hear oral arguments on a motion for rehearing in Motorola Mobility LLC v. AU Optronics Corp. et al., to consider the reach of the Sherman Act outside of the United States borders...more

China and Antitrust Enforcement

China’s entry into the anti-corruption enforcement arena has received lots of press attention. Just as significant as this development, China has added international cartel enforcement to its list of priorities....more

In re Credit Default Swaps Antitrust Litigation: Big Banks Still Must Face Section 1 Sherman Act Claim

In a decision upholding most of the class action antitrust claims against 12 of the world’s largest financial institutions, Judge Cote of the Southern District of New York held that the plaintiffs had standing and alleged...more

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps

Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau’s octane investigation. Between 2004...more

American Express: Key Insights as Trial Ends

The long trial in United States v. American Express has come to an end: on September 18, 2014, the parties exchanged post-trial briefing and on October 9, 2014, the court held oral argument. News reports suggest that the...more

S.D.N.Y. Dismisses Cotton Traders’ § 1 Claims Under Copperweld

On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act (CEA) and Sherman Act claims brought against Louis Dreyfus Commodities B.V. and its affiliates in In re Term Commodities...more

ITC Section 337 Update – October 2014

Conference on Subpoena Practice in Section 337 Investigations – On October 14, 2014 (2:00 – 4:00 p.m.), a conference was held in the Commission’s Main Hearing Room on subpoena practice in Section 337 Investigations. The...more

China’s Supreme People’s Court Releases its First Decision Under China's Antimonopoly Law

Case sets precedent for antitrust disputes in China, particularly on how to define the relevant market, and assess market dominance and abusive conduct. Introduction – On 16 October 2014, China’s highest court...more

Advertising Law - October 2014 #2

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - Advertising, marketing and promotions, both via digital and traditional channels, are governed in the United...more

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