Civil Procedure International Trade Antitrust & Trade Regulation

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ITC Pilot Program to Expedite Rulings on Whether Exclusion Orders Cover Redesigns and New Products

On February 24, 2015, the ITC announced a new pilot program to decide whether redesigns or new products are covered by ITC exclusion orders. The announced goal of the program is to test the use of expedited procedures for the...more

Jurisdictional limits of cartel laws in Australia and the United States - ACCC v Air New Zealand and Motorola Mobility v AU...

Commerce may be increasingly global, but there remain limits on the extraterritorial application of cartel laws in individual countries. In late 2014, Courts in Australia and the United States (US) delivered judgments...more

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

"EU Nonmerger Antitrust Enforcement Gets Stricter"

Developments in the past year are likely to affect nonmerger antitrust enforcement in the European Union in 2015 and beyond. In addition to merger enforcement, antitrust activity in 2014 provided a number of interesting...more

Delayed EU Court Proceedings Can Give Rise to Claims for Damages

The time taken by the European judiciary to adjudicate on cases is of increasing concern. Failure by the General Court to conclude proceedings within a reasonable time triggers a right to compensation. In order to obtain...more

Motion to Dismiss Denied in FX Rigging Case

A federal judge in New York on Wednesday allowed a consolidated class action by U.S.-based investors concerning the rigging of the foreign exchange (FX) market to move forward. In denying a motion to dismiss, U.S. District...more

Newsletter: January 2015

In This Issue: - Main Article: ..EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement - Noted With Interest: ..The Strategy of Lone Pine Orders: Timing...more

Article: January 2015 ITC Litigation Update

The ITC as a Favorable Venue in Light of Increasing IPR Petitions and District Courts Propensities to Stay Pending IPR. Since its inception in September 2012, inter parties review (“IPR”) has become a powerful tool for...more

EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement

The private enforcement of competition law within the EU continues its inexorable rise and plaintiff opportunities abound. Small and medium size businesses throughout Europe are joining larger companies in initiating...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

ITC Section 337 Update – January 2015

Amicus Curiae United States Moves To Present Oral Argument In Suprema – On January 15, 2015, the United States filed an unopposed motion for leave to participate in oral argument before the en banc Federal Circuit in Suprema...more

Seventh Circuit to Motorola: No Rehearing En Banc

On December 1, 2014, we wrote about the Seventh Circuit’s decision in Motorola Mobility LLC v. AU Optronics Corp., which affirmed dismissal of the vast majority of Motorola’s claims regarding LCD panels....more

D.C. Circuit Affirms Dismissal of FCA Claims Based on Avoidance of Customs Duties

In United States ex rel. Doe v. Staples, Inc., the Court of Appeals for the District of Columbia Circuit recently affirmed the dismissal of claims alleging that three major office retail suppliers falsely declared to U.S....more

Global Cartel Enforcement - 2014 Year In Review

To name only a few, the U.S. faced challenges over the extent of its jurisdictional reach; China was criticised for questionable investigative practices and allegedly protectionist use of its antitrust powers; and Japan faced...more

Disclosure Of Confidential Version Of European Commission Decision In Follow-On Claim

In relation to a follow-on private damages action arising from an air freight cartel, the High Court recognised that when a European Commission cartel decision is disclosed, the ‘Pergan’ principle gives certain protections to...more

Spira’s Antitrust Complaint Against De Beers Reaches the End of the Road

The long-running battle, started in 2003, between Belgian rough diamond dealer Spira and diamond producer De Beers came to an end recently. Spira had sought to convince the Belgian Competition Authority (BCA) to intervene...more

Solar Installer Alert: USITC Holds Final Phase Public Hearing in Chinese and Taiwanese Solar CSPV Panels Import Injury...

On December 8, 2014, Oregon Senator Ron Wyden testified on behalf of some U.S. solar cell manufacturers at a public hearing of the U.S. International Trade Commission (USITC). The USITC scheduled the hearing as part of its...more

International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues

In a widely awaited opinion, the Seventh U.S. Circuit Court of Appeals in Chicago has issued an opinion which affects the scope of government enforcement actions and which purchasers may pursue private civil treble damage...more

New EU Directive Promoting Antitrust Damage Claims

Today, the EU considers that those affected by competition law infringement in some Member States are not able to effectively exercise their right to compensation. New EU legislation seeks to address obstacles to successful...more

Motorola’s FTAIA Quest Ends With a Whimper in the Seventh Circuit

On November 26, 2014, the Seventh Circuit (Posner, J.) issued its order upon rehearing of Motorola Mobility LLC v. AU Optronics Corp. (Case No. 14-8003). Motorola still effectively lost the appeal, but the Court’s more...more

Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing

On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast...more

Seventh Circuit Decision in Motorola Mobility Holds That the FTAIA Bars a U.S. Parent's Damages Claims Based on Its Overseas...

The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), enacted in 1982, has provided ambiguous direction to courts and practitioners regarding the applicability of U.S. antitrust laws to conduct occurring...more

Foreign Antitrust Defendants Feel Some Relief from the Reach of the Sherman Act in Civil Matters

The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, even though finished cellphones incorporating those panels were...more

CAFC to Rehear Suprema: Disposition Could Have Significant Repercussions for ITC Jurisdiction

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC., Case No. 2012-1170 (Fed. Cir.). This rehearing reviews the controversial Federal Circuit opinion holding that “an...more

Antitrust Matters - November 2014 (Global)

EDITORIAL - Sitting at my desk in Washington, DC, I imagine myself being a business executive in Europe or Asia, trying to make sense of news reports that I regularly hear about United States courts and enforcement...more

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