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FTC Records Two Wins as Staples-Office Depot Merger Abandoned for a Second Time

On May 10, Staples and Office Depot announced that they would be terminating their $6.3 billion merger in the wake of a federal judge’s decision to issue a preliminary injunction blocking the deal. This represents the second...more

May Antitrust Bulletin

FTC, DOJ Issue Statement on Preserving Competition in the Defense Industry - On April 12, 2016, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division issued a joint statement...more

Judge Andrews permits Microsoft’s SEP-based antitrust claims against InterDigital to proceed (Microsoft v. InterDigital)

On April 13th, Judge Andrews in the District of Delaware issued an Order that denied InterDigital’s motion to dismiss Microsoft’s Complaint that alleged violation of antitrust laws based on InterDigital’s enforcement of...more

Will Antitrust Cases Relating to Securities Transactions Invite More Objections Because of Their Complexity?

The deadline for parties to object to the settlement in the In re Credit Default Swaps Antitrust Litigation, Master Docket No. 13-MD-2476 (DLC) in the Southern District of New York recently passed on February 29, 2016. Unlike...more

LSU Hospital Operator May Proceed with Antitrust Suit Against Competing Health System

The antitrust suit against Willis Knighton Medical Center will continue following the denial of its motion to dismiss. BRFHH Shreveport v. Willis Knighton Med. Ctr., case number 5:15-cv-02057 (W.D. La. Mar. 31, 2016). The...more

Three Things to Watch after One Week of the Staples-Office Depot Merger Trial

On Monday, Staples and the Federal Trade Commission began presenting arguments in the D.C. District Court on whether the FTC should be entitled to a preliminary injunction to halt a potential merger between Staples and Office...more

DOJ to Executives: We’re Watching You

We’ve previously written about how the Yates Memo announced an increased focus on individual accountability, and that the DOJ’s broader focus on individual accountability would likely encourage the Antitrust Division to...more

Ofgem’s certification review of the Blue Transmission Companies

On 4 February 2016 Ofgem published a decision reviewing the certification status of the Blue Transmission Companies (“BTCs”). The review follows two other previous Ofgem decisions. The reasoning of Ofgem and the EU Commission...more

French Class Action Law Has Less Impact Than Expected

Since the entry into force on 1 October 2014 of the provisions of the “Hamon” law of 17 March 2014, which introduced class actions into French law in relation to consumer and competition law matters, only six class actions...more

Rodeo Associations Fail to Wrangle Each Other in First Round of Antitrust Class Action: District Court Denies Plaintiffs’...

An upstart rodeo association, created and owned by professional rodeo cowboys, challenged that its competitor’s bylaws aimed at the new association and its participants constituted agreements that unreasonably restrain trade...more

Texas Supreme Court Considers Whether Texas Uniform Trade Secrets Act Can Keep Corporate Representatives From the Courtroom

In December 2014, Schlumberger subsidiary M-I LLC (d/b/a M-I SWACO) filed a writ of mandamus with the Texas Supreme Court over a trade secrets case decided in Harris County District Court. In its writ, M-I SWACO alleged that...more

The EU Court of Justice Brings to an End Odile Jacob’s Fight Against Lagardère’s Purchase of Vivendi Universal Publishing

By its judgment of 28 January 2016 (C-514/14 P, Editions Odile Jacob SAS v Commission), the European Court of Justice (Court) upheld the General Court of the European Union’s (GCEU) ruling with respect to each of the grounds...more

January 2016: U.K. Competition/Antitrust Litigation Update

The new Competition Appeal Tribunal Fast-Track Procedure for Small-and Medium-Sized Enterprises. On October 1, 2015, significant competition law reforms took effect in the United Kingdom under the Consumer Rights Act of 2015....more

Tax State Aid: The European Commission concludes Belgian ‘excess profit’ rulings illegal

On January 11 2016, the European Commission (the Commission) again used Tax State Aid arguments to combat tax planning by multinationals when it announced its final decision in the formal state aid investigation into the...more

Business Lit Ledger - Fall 2015

In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice...more

Perfecting the (European) Class Action

Last month, I got to experience what I consider a career highlight: I was invited to speak on “Perfecting the Class Action” at Middle Temple. The spiel I gave would be familiar to readers here (it was a basic description of...more

American Quarter Horse Association Rule Against Registration of Cloned Horses Found Not To Violate Sherman Act

A Matsushita “Quick Look” Analysis Demonstrates that While Plausible, No Evidence Supports An Actionable Conspiracy or Monopoly. Abraham & Veneklasen Joint Venture et al. v. Am. Quarter Horse Ass’n, 776 F.3d 321 (5th Cir....more

Information Exchanges – Difficult Not to Go Bananas!

The European Court of Justice recently confirmed that pre-pricing communications between competitors involving discussions about price-setting factors, quotation prices and pricing trends may be incompatible with EU antitrust...more

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

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

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