Business Organization, Civil Procedure, Antitrust & Trade Regulation

How to Be Anti-Troll Without Being Antitrust: A Six-Step Primer

by Jesse Jenike-Godshalk, Ria Schalnat | Dinsmore & Shohl LLP on 3/6/2013

The U.S. District Court for the Northern District of California recently addressed whether a “patent aggregator” (a.k.a. “anti-troll”), which is an organization formed by operating companies to protect against “non-practicing...more

Under Agency Law, Standard Setting Organizations May Be Liable for Antitrust Violations of Their Members

by Howard Ullman on 10/22/2012

As noted in this recent blog post, in TruePosition, Inc. v. LM Ericsson Telephone Co., No. 11-4574 (E.D. Pa. Oct. 4, 2012), the court held that a Standard Setting Organization (SSO) known as 3GPP may be liable for alleged...more

Parental Liability: The Importance of Following the Rebuttal Procedure Carefully

by McDermott Will & Emery on 10/11/2012

Rights of the Defence in the Context of Parental Liability – Ballast Nedam Infra BV v European Commission judgment illustrates how a formal point of procedure can be an effective weapon to pierce the fortress created by the...more

When Associations Attack: Beware Standing and Other Pitfalls When Suing on Behalf of Members

by Venable LLP on 9/5/2012

If you are an in-house lawyer for a trade or professional association, you probably spend a good amount of your time counseling the association and its members on the importance of complying with government regulations,...more

Cartels and Dominance: New Risks and Opportunities for Companies in China

by Orrick, Herrington & Sutcliffe LLP on 8/29/2012

China’s Supreme People’s Court recently provided guidance on procedural issues and important aspects of China’s Antimonopoly Law (AML) that will affect private enforcement of the law. The Supreme People’s Court Provisions on...more

China’s Anti-Monopoly Law Makes it Easier to Sue in Cases of Anti-Competitive Conduct

by McDermott Will & Emery on 5/11/2012

Recently, the Supreme People’s Court of China issued final rules to build a working framework for civil anti-monopoly cases brought under the country’s Anti-Monopoly Law. The rules will take effect on 1 June 2012....more

European Commission Considers Taking Over Cartel Investigations to Prevent Exploitation of German Law Loophole

by McDermott Will & Emery on 3/22/2012

Under German law, companies may escape cartel fines by undertaking an internal restructuring. The German competition authority has indicated a willingness to reallocate such cases to the European Commission, which can impose...more

Tackling ‘Pay-For-Delay’ In California Supreme Court

by Zelle Hofmann Voelbel & Mason LLP on 3/12/2012

Originally Published in Competition Law360 Last month, the California Supreme Court granted a petition for review to consider the legality of “pay-for-delay” agreements. Under these agreements, also referred to as...more

Presumption of Parental Liability Revisited

by McDermott Will & Emery on 9/28/2011

The European General Court found on 15 September 2011 that the European Commission can only rely on the presumption of liability of a parent company for a wholly owned subsidiary if it included an adequate statement of...more

Recent Developments in EU Competition Law

by McDermott Will & Emery on 9/15/2011

The following is a summary of key developments in EU Competition Law from the last year. Exploitative Abuses of a Dominant Position Although the application of Article 102 the Treaty on the Functioning of the...more

Parents Are Liable for Their Children: Presumption of Parental Liability Under EU Antitrust Law

by McDermott Will & Emery on 7/13/2011

Under EU antitrust law, parent companies are presumed liable for antitrust infringement of their wholly owned subsidiaries. While this presumption is rebuttable, it is unclear what a company must do to rebut it successfully....more

EU Judges Rising To The Challenge? The EU General Court’s judgments in Hydrogen Peroxide, Netherlands Beer and International...

by White & Case LLP on 6/27/2011

There is a growing debate as to the standard of review that the EU courts apply when reviewing European Commission (‘Commission’) decisions in competition law cases. It has been argued that many recent judgments of the EU...more

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Business Organization › Civil Procedure › Antitrust & Trade Regulation

How to Be Anti-Troll Without Being Antitrust: A Six-Step Primer

Under Agency Law, Standard Setting Organizations May Be Liable for Antitrust Violations of Their Members

Parental Liability: The Importance of Following the Rebuttal Procedure Carefully

When Associations Attack: Beware Standing and Other Pitfalls When Suing on Behalf of Members

Cartels and Dominance: New Risks and Opportunities for Companies in China

China’s Anti-Monopoly Law Makes it Easier to Sue in Cases of Anti-Competitive Conduct

European Commission Considers Taking Over Cartel Investigations to Prevent Exploitation of German Law Loophole

Tackling ‘Pay-For-Delay’ In California Supreme Court

Presumption of Parental Liability Revisited

Recent Developments in EU Competition Law

Parents Are Liable for Their Children: Presumption of Parental Liability Under EU Antitrust Law

EU Judges Rising To The Challenge? The EU General Court’s judgments in Hydrogen Peroxide, Netherlands Beer and International...

Twombly and Parallel Conduct: How the Sixth Circuit Grounded In re Travel Agent Commission Antitrust Litigation

Moon walking backwards - the Bribery Act comes into force on 1 July 2011

Brussels Brief - February, 2011

United Kingdom and European Union: Legal Professional Privilege and In-house lawyers

Bill Introduced To Secure Reduced Civil Liability For Amnesty Applicants

California's Cartwright Act: A Primer

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