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Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police...

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to...more

Fear and Trebling: E-Book Class Action Takes a(nother) Bite out of Apple

The legal drama continues for Apple, Inc., as the tech giant recently suffered another in a string of significant legal setbacks in the e-book antitrust saga in the Southern District of New York. Last month, Judge Denise...more

Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases

On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge...more

The new group actions law in France – A cause for concern for companies?

The French law on consumer rights, also referred to as the “Hamon law” (“loi Hamon”), was enacted on 17 March 2014. The introduction of group actions is one of the main innovations of this law. Companies must now...more

Judge Ends Indirect Purchaser Plaintiffs’ Case in Refrigerant Compressors

Last week, on April 8, 2014, the District Court for the Eastern District of Michigan dismissed the remaining claims of indirect purchaser plaintiffs (IPPs) in the ongoing Refrigerant Compressors litigation. In re:...more

Section 1 Claims Dismissed in LIBOR, TIBOR Class Action

On March 28, 2014, Judge Daniels of the Southern District of New York dismissed antitrust and unjust enrichment claims against over 20 banks accused of manipulating prices in the Euroyen interbank lending market by submitting...more

How Significant is the Wyndham Case to the US Cybersecurity Legal Landscape?

The security community has been abuzz this week with the US. District Court of New Jersey's April 7 ruling in Federal Trade Commission v. Wyndham Worldwide Corporation, et al. Wyndham had asserted in a motion to dismiss that...more

United Kingdom and European Union Continue Push Toward Private Actions

There have been two recent developments in the expansion of private antitrust actions in the United Kingdom and the European Union. First, the United Kingdom continues to push toward opt-out collective proceedings for...more

FTAIA and Foreign Sales: Seventh Circuit Limits Extraterritorial Reach of U.S. Antitrust Law in Motorola Mobility v. AU Optronics

On March 27, 2014, in Motorola Mobility LLC v. AU Optronics Corp., the Seventh Circuit set precedent in the growing body of law interpreting the Foreign Trade Antitrust Improvements Act (FTAIA). Judge Posner held that the...more

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

On the Difficulty of Dauberting Antitrust Economists

It’s difficult. Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of...more

How Direct Is Direct? Judge Posner Clarifies the Extraterritorial Scope of the Antitrust Laws via the “Direct” Effects Test under...

A recent decision from Judge Posner in the Seventh Circuit, Motorola Mobility LLC v. AU Optronics, offers the latest insight into the extraterritorial reach of the Sherman Act. In dismissing Motorola’s price-fixing claims of...more

7th Circuit Decision Confirms Foreign Trade Antitrust Improvement Act Requires "Direct" U.S. Effects

In a decision that may have far-reaching implications for the limits of the United States antitrust laws for conduct affecting businesses and consumers abroad, the Seventh Circuit Court of Appeals recently held that a United...more

The GPMemorandum, Issue 179 (Distribution Issue)

In this Issue: - Tying And Other Claims By Service Competitor Rejected: A federal court in Arizona has rejected various antitrust claims brought by a servicer of aircraft power units against a manufacturer of...more

Federal Circuit Upholds Constitutionality Of Legislation Overturning Its GPX Decision That Countervailing Duties May Not Be...

This blog has been analyzing for more than four years legal disputes over whether the U.S. Department of Commerce (“Commerce”) may apply countervailing duties (“CVDs”) to imports from non-market economies (“NMEs”),...more

Canadian Court Certifies Visa/Mastercard Class Action

In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first...more

Law360: A Year Later: Comcast's Impact On Antitrust Class Actions

One year ago, on March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), overturning an order certifying an antitrust class action under Federal Rule of Civil Procedure...more

German Court Rejects National Competition Authority Liability for Damages After Unlawful Prohibition of a Merger

The Higher Regional Court in Düsseldorf yesterday dismissed an action for damages of €1.1 billion brought by GN Store Nord against the German Federal Cartel Office. The judgment sheds some light on the possibility for...more

"EU Institutions Reach Compromise on EU Directive on Private Damage Actions"

On March 18, 2014, representatives of the European Commission (the Commission), the European Parliament and the Council of the European Union reached a compromise in relation to key provisions of the proposed EU Directive on...more

Senate Legislation Update -- The Commerce Committee Gets in the Act

Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...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

Motorola Loses Antitrust Claims Based on Foreign Purchases

In a landmark decision in the long-running TFT-LCD price-fixing litigation, an Illinois federal court last week dismissed more than $3 billion worth of damages claims by cell phone maker Motorola Mobility, Inc. ...more

Overstock Under Scrutiny: Does This Recent Decision Represent a New Wave of California Litigation for Sellers of Consumer Products...

It is not often that a decision from a California trial court receives or deserves as much attention as the recent tentative decision issued by Alameda County Superior Court Judge Wynne Carvill in the State’s case against...more

District of New Jersey Finds Settlement Without Reverse Payment Is Not Subject To Anti-Trust Scrutiny

On January 24, 2014, in In re Lamictal Direct Purchaser Antitrust Litigation, No. 12-cv-995, 2014 U.S. Dist. LEXIS 9257 (D.N.J. Jan. 24, 2014), Senior District Judge William H. Walls dismissed a putative, antitrust-class...more

LCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases

On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan Gottschall of the Northern...more

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