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ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

EU nears finalisation of new law to promote anti-trust claims

Member States’ ambassadors to the EU, known as the Committee of Permanent Representatives, have endorsed the agreement between the Council Presidency and representatives of the European Parliament on a proposed new EU...more

Where To Bring Damages Claims In EU Int’l Cartel Cases?

As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. In this article, we provide a simplified overview of the highly complex set of...more

Private Actions in Competition Law: Recent Developments

Private damages actions in competition law continue to mature across Europe, with the past few months seeing some significant developments at both a national and supra-national level. This note summarises the main...more

A Peek Around the Curtain: A False Claims Act Settlement for Avoiding Customs Charges

On November 14, 2013, the U.S. Department of Justice announced a False Claims Act settlement with Basco Manufacturing Company, a maker of shower enclosures, for $1.1 million related to misstatements on U.S. Customs and Border...more

New York Court Affirms Jury Verdict Against Chinese Manufacturers Of Vitamin C, Awards Attorneys' Fees To Plaintiffs

In a recently released decision, a federal court in New York has declined to overturn a jury’s $153.3 million verdict against vitamin C manufacturer Hebei Welcome Pharmaceutical and its parent, North China Pharmaceutical...more

Supreme Court Certifies Price-Fixing Class Actions Brought by Indirect Purchasers; Confirms Low Evidentiary Threshold for...

On October 31, 2013, the Supreme Court of Canada (the “Court”) released its decisions in Pro Sys Consultants Ltd. v. Microsoft Corporation (“Pro-Sys”), Sun Rype Products Ltd. v. Archer Daniels Midland Company (“Sun-Rype”),...more

Europe Advancing Victims' Rights in Antitrust Actions

On June 11, 2013, the European Commission (E.C.) took another big step in its ongoing effort to make it easier for victims of antitrust violations in the European Union to seek damages for their injuries. It proposed...more

The International Trade Commission: Easier Injunctive Relief-Except for Standard-Essential Patent Holders

Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more

Latest Developments On Injunctive Relief For Infringement Of FRAND Encumbered SEPs

This memorandum is directed to the current state of the case law in the U.S. International Trade Commission (ITC or “Commission”), the U.S. Federal Trade Commission (FTC) and the U.S. District Courts for parties seeking to...more

U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

The European Commission Proposes Directive On Private Damages Actions

The European Commission ("Commission") last week published a proposed directive on rules governing private damages actions in the EU ("Draft Directive"). Companies and consumers are increasingly seeking to claim damages for...more

European Commission Proposes New Regime for Private Antitrust Damages Actions

On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national...more

European Commission adopts a package on private damages actions in antitrust cases

On 11 June 2013, the European Commission (“Commission”) adopted a proposal for a directive on how citizens and companies can bring damages claims under EU antitrust rules. According to the Commission, the proposal serves to...more

"European Commission Issues Proposals on Private Antitrust Damage Actions and Collective Actions"

On June 11, 2013, the European Commission (Commission) issued a widely anticipated series of proposals designed to advance private antitrust damage and collective actions in Europe. To accomplish this, the Commission issued...more

EU Commission published proposals for private antitrust litigation

On 11 June, the European Commission (“Commission”) published its long-awaited package of proposals on private antitrust litigation. The package is divided into three sets: (1) a Draft Directive on actions for damages (2) a...more

Chinese Vitamin C manufacturers found liable for price fixing in the United States -- court orders total damages of US$162 million...

In a case that reverberated throughout Chinese state-owned and private companies, as well as various organs of the Chinese government, in a recent private civil class action case in United States District Court for the...more

Protecting Trade Secrets In China

Trade secrets were first introduced into China law through the Article 10 of the “Anti-Unfair Competition Law of China” (effective Dec. 1, 1993)....more

ITC Section 337 Update - June 3, 2013

Commission Publishes More New Rules On General Discovery Limitations, E-Discovery Limitations, And Claiming Privilege Or Work Product Protection – On May 15, 2013, the Commission published Amendments (78 Fed. Reg....more

EU Court Decision Significantly Reduces Cartel Fines in Marine Hose Investigation

On May 17, 2013, the EU General Court partially annulled a 2009 European Commission decision in the Marine Hose cartel case and significantly reduced the fine imposed on hose manufacturer Parker ITR by nearly 75% from 25.61...more

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

Criminal Antitrust Update - April 2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

To amparo or not to amparo?

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

I. Introduction - Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

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