Antitrust & Trade Regulation, Civil Remedies, International Law & Trade

EU Court Decision Significantly Reduces Cartel Fines in Marine Hose Investigation

by King & Spalding on 5/23/2013

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

by Christopher Higgins, Jay Jurata, T. Vann Pearce, Jr., Matthew Poppe | Orrick, Herrington & Sutcliffe LLP on 5/22/2013

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

by Andrew Friedman, Hannibal G. Williams II Kemerer | Patton Boggs LLP on 5/6/2013

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?

by Jose Alberro | Berkeley Research Group, LLC on 4/19/2013

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

by Siobhan Kahmann, Hai-Ching Yang | K&L Gates LLP on 4/19/2013

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

by Becky Koblitz | Sheppard Mullin Richter & Hampton LLP on 4/2/2013

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

U.S. Jury Finds Chinese Companies Liable for Price-Fixing, Fined $162 Million

by Christopher Nedeau, Natasha Saggar Sheth | Nossaman LLP on 3/25/2013

In a first-ever verdict, a U.S. jury last week found two Chinese companies liable for conspiring to fix the global prices charged for Vitamin C, resulting in a damages award of a whopping $162 million. ...more

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

by Philip Bentley, Veronica Pinotti, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 3/7/2013

On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

by David Henry, Wilko van Weert | McDermott Will & Emery on 2/27/2013

In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In issuing the declaration of...more

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

by Erin Murdock-Park | BakerHostetler on 2/12/2013

On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

by Simon Baxter, Alec Chang, Ian John, James Keyte, Sharis Pozen, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2013

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

by John L. Cooper, Alex Reese | Farella Braun + Martel LLP on 1/11/2013

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

The International Comparative Legal Guide to: Cartels & Leniency 2013, 6th Edition: Chapter 9: CANADA

by Susan Paul | Dentons on 12/13/2012

1 The Legislative Framework of the Cartel Prohibition: 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The legal basis of cartel prohibition in Canada...more

Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting

by McDermott Will & Emery on 11/20/2012

Chief Economists from the US Federal Trade Commission, the US Department of Justice and the EU Directorate General for Competition, have agreed on a set of four, non-binding suggestions that should—if followed by...more

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

by Louise-Astrid Aberg, Lionel Lesur, Philipp Werner | McDermott Will & Emery on 11/13/2012

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more

Recent Cartel Developments

by K&L Gates LLP on 11/12/2012

This Alert summarises two significant recent developments in UK cartel law. The first development relates to the right of third parties to bring damages claims against the participants in a cartel, specifically the time...more

Fourth Circuit Affirms Personal Jurisdiction Over Non-U.S. Defendants, Upholds Extraterritorial Jurisdiction under the Copyright...

by Cadwalader - International Practice Law Group on 8/22/2012

Tire Engineering and Distribution, LLC et al. v. Shandong Linglong Rubber Company, Ltd. et al., No. 10-2271 (4th Cir. 2012), addresses several issues of international practice. The plaintiff sued non-U.S. defendant, not in...more

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Antitrust & Trade Regulation › Civil Remedies › International Law & Trade

EU Court Decision Significantly Reduces Cartel Fines in Marine Hose Investigation

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

Criminal Antitrust Update - April 2013

To amparo or not to amparo?

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

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

U.S. Jury Finds Chinese Companies Liable for Price-Fixing, Fined $162 Million

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

The International Comparative Legal Guide to: Cartels & Leniency 2013, 6th Edition: Chapter 9: CANADA

Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

Recent Cartel Developments

Fourth Circuit Affirms Personal Jurisdiction Over Non-U.S. Defendants, Upholds Extraterritorial Jurisdiction under the Copyright...

ITC Issues Unusual Stay in Section 337 Case

UK Competition Court Awards Punitive Damages For the First Time

Private enforcement: An overview of EU and national case law

China's Supreme Court Issues New Rules On Civil Cases Based On Monopolistic Conduct

Draft Amendment to China's Copyright Law

Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority

ITC Ruling May Presage Return of Sanctions Proceedings

Disclosure of EU Leniency Materials: English High Court Outlines the Boundaries of Document Disclosure

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