Business Organization Civil Procedure Antitrust & Trade Regulation

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Stopping the DOJ at the Border? A New Defense to the Reach of Federal Extraterritorial Criminal Action

In a one-day Department of Justice Antitrust Division takedown last September, nine international companies based outside the United States pled guilty to criminal antitrust violations and agreed to pay more than $740 million...more

ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin [Video]

Attorney Joe Hameline, Chair of Mintz Levin's Litigation Practice, talks about the increasing role of the US International Trade Commission in protecting intellectual property in the United States....more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

Tentative Ruling Dismissing Case in its Entirety (LASC Judge White)

Tentative Ruling Dismissing Case in its Entirety (LASC Judge White); issued as final court ruling and findings in law and motion hearings held on June 7, 2013, at 1:30 p.m. before Hon. Elizabeth White, Judge of the Los...more

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

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

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

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

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

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

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

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

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

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

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...

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

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

This article, Twombly and Parallel Conduct: How the Sixth Circuit Grounded In re Travel Agent Commission Antitrust Litigation, 76 J. Air L. & Com. 111 (2011), discusses the Sixth Circuit holding in In re Travel Agent...more

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

The Bribery Act comes into force on 1 July 2011 Ken Clarke has recently announced that a watered down version of the Bribery Act will come into force on 1 July 2011. The press release trumpets the Bribery Act as "the UK...more

Brussels Brief - February, 2011

KEY DEVELOPMENTS Parental Liability – Another Piece in the Puzzle General Química v Commission In recent years, the highest courts in the European Union have consistently held that parent companies may be held liable...more

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

The Court of Justice of the European Union has confirmed in its judgment in the case of Azko Nobel Chemicals Ltd and Akcros Chemicals Ltd -v- European Commission that legal professional privilege does not attach to...more

Bill Introduced To Secure Reduced Civil Liability For Amnesty Applicants

Three U.S. senators have introduced a bill that would make permanent provisions of the Antitrust Criminal Penalties Enforcement and Reform Act of 2004 (ACPERA) granting reduced civil liability to companies who successfully...more

California's Cartwright Act: A Primer

A summary of California's Cartwright Act, California's main antitrust law....more

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