General Business Civil Remedies Antitrust & Trade Regulation

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N.D. Cal. Just Opened the Damages Umbrella

In County of San Mateo v. CSL, Limited, Case No. 3:10-cv-05686-JSC (N.D. Cal. Aug. 20, 2014) (Corley, M.J.), the Northern District of California held that California’s antitrust law, the Cartwright Act, allows the recovery of...more

Printing Company Receives Favorable Verdict Against Former Partner

Analysis Group client MacDermid Printing Solutions (MacDermid) was awarded $35.4 million by a Connecticut federal jury in its antitrust, breach of contract, and trade secrets theft suits against its former business partner,...more

So We Agree It’s Price-Fixing, But ...

Recently an experienced attorney with a class action plaintiffs firm responded to our article “Looks Like Price-Fixing Among Class Action Plaintiffs Firms,” in which we observed that a very common practice among plaintiffs...more

Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

Antitrust Matters - July 2014 (Global)

In This Issue: - Back to the Future? Back to the Past! - Interview: African Merger Control: Interview with the COMESA Competition Commission EUROPE: *EUROPEAN UNION: - Comparing apples and...more

Patent Hold-Up or Patent Hold-Out? Judge Essex Adds His Voice to the SEP-FRAND Debate

Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more

Limitation Periods for Antitrust Damages Actions in The European Union

The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of...more

Points & Authorities - Spring 2014

In this Issue: - AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less? - Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction - New Faces - Points from the...more

Orrick's Antitrust and Competition Newsletter - June 2014 (Global)

Opt-Out Antitrust Class Actions — A U.S. Perspective on the Consumer Rights Bill Pending in UK's Parliament - Will opt-out class actions proposed by the UK Parliament’s Consumer Rights Bill bring the dreaded U.S.-style...more

EU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite No Contractual Link

In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the...more

"Court Rules That Cartel Members Are Liable for 'Umbrella Claims'"

In a judgment that may expand civil damage liability for cartel participants significantly (Case C-557/12, Kone AG and Others, judgment of June 5, 2014), the European Court of Justice (the ECJ) has ruled that a cartel’s...more

New E.U. Antitrust Directive

On April 17, 2014 the European Parliament adopted the European Commission’s proposal for a directive on private competition damages actions. The general impetus for the Directive was the paucity of private actions sought...more

Business Court Judges Explain Section 75-1.1

In my research for this blog, I recently found a June 2006 presentation on section 75-1.1 by Judges Al Diaz and John Jolly. This presentation occurred when Judge Diaz and Judge Jolly were serving together on the North...more

Class Certification Issues In O’Bannon v. NCAA

In This Presentation: - Important Players - Underlying Lawsuit - Procedural Pre-Class Certification - Class Certification Issues - Aftermath and Trial - Recent Developments...more

Kodak Lives: New Jersey Jury Finds Antitrust Violation in the Aftermarkets for Maintenance of Avaya Products

On March 27, 2014, a New Jersey federal jury found that Avaya, Inc. (“Avaya”), a leading manufacturer of enterprise telephone systems, violated the federal antitrust laws by trying to eliminate competition from independent...more

A Rare Challenge to a Class Action Settlement . . . From a Named Plaintiff

One of the named class plaintiffs in the high-tech employee antitrust case has filed an objection to the proposed class settlement. The plaintiff, Mr. Michael Devine, analogized the approximately $300 million settlement...more

Recent Civil and Criminal Actions Highlight Trade Compliance as a Risk Area That Should Not Be Ignored

Recent news highlights what can happen when companies are not compliant vis-à-vis their trade compliance programs, leading to potential civil and criminal actions. Such actions can cost millions of dollars in penalties,...more

Dispatches from the E-Book Wars

Apple’s e-book fortunes in the Southern District of New York darkened and then brightened this past week as Judge Denise Cote denied Apple’s request to stay its upcoming damages trial and plaintiffs’ class notification. Later...more

European Commission Takes Action to Limit Injunctions for SEPs

On April 29, 2014, the European Commission ("Commission") adopted a decision against Motorola Mobility LLC (“Motorola”), a wholly owned subsidiary of Google Inc., and entered into a settlement agreement with Samsung...more

European Commission limits Ability to seek Injunctions relating to Standard Essential Patents

On 29 April 2014, the European Commission ("Commission") issued two decisions clarifying its approach where holders of standard essential patents (“SEPs”) seek injunctions against their prospective licensees, in particular as...more

European Parliament Approves Antitrust Damages Directive

The European Parliament approved the text on April 17, 2014 of a long-awaited Directive designed to facilitate private actions for damages by victims of infringements of antitrust rules in the EU (the “Directive”). The...more

Microsoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs

This past November and December, the US Federal Trade Commission (“FTC”) and European Commission (“EC”) cleared Microsoft Corporation’s (“Microsoft”) acquisition of the bulk of the devices and services business of Nokia...more

"European Parliament Approves Proposed Directive on Private Antitrust Damages Actions"

On April 17, 2014, the European Parliament overwhelmingly approved the European Commission’s proposal for a directive on private antitrust damages actions (the Directive). The Directive is intended to facilitate antitrust...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

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