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Competition News September 2016

By a controversial decision, the Constitutional Council ruled that so-called “simple” investigations comply with the constitution - The investigation services of the French Competition Authority made several requests for...more

Questioning 2nd Circ. Analysis in Aluminum Antitrust Case

In a painstaking dissection of the “inextricably intertwined” standard often used by courts to determine whether plaintiffs can show they suffered “antitrust injury” if they neither purchased from, nor competed with, a...more

Belgian Private Damages Claims for Anti-Competitive Behaviour: Constitutional Court decides on Starting Point of Limitation Period

On 10 March 2016, the Belgian Constitutional Court handed down an important decision on the starting point of the limitation period for private enforcement actions. These actions cannot be time-barred before a final decision...more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

The recent 7-2 U.S. Supreme Court decision in Oneok, Inc. et al. v. Learjet, Inc. et al. ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

Supreme Court Rules NC Dentist Board Not Immune From Antitrust Scrutiny

In a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as a state agency, unless the...more

US High Court Takes on State Antitrust Action Removability Case

Companies accused of antitrust wrongdoing must prepare for a multi-front battle in different courts in different places on different timelines. To survive, they must hire defense counsel with sufficient scale and agility to...more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

Broadening Application Of The Filed Rate Doctrine

Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more

Emerging Trends In Indirect-Purchaser Antitrust Cases

Originally published in Competition Law360 January 19, 2012. Since the enactment of the Class Action Fairness Act (“CAFA”), 28 U.S.C. §1332(d), federal district courts handling indirect purchaser price fixing and market...more

IP Update, Vol. 14, No. 3, March 2011

In This Issue: Patents: Is §292 (Qui Tam) Statute Unconstitutional? Need More than Mouse Disclosure and a Few CIPs to Support Human Antibody Claims; Limitation on the Number of Asserted Claims Does Not Violate Due...more

Advertising Law - June 28, 2010

In This Issue: *IAB To Produce Standards For Tablet Ads *Judge Freezes Assets, Stops Operations of Telemarketing Company *Suit Against Craigslist For Fake Ads Can Proceed *Federal Reserve Board Issues Final...more

Fourth District Court of Appeal Confirms that the No "Pick Off" Rule Applies to a Potential UCL Class Action

In Wallace v. GEICO General Insurance Company (April 19, 2010) __ Cal.App.4th __, the Fourth District Court of Appeal confirmed that a defendant cannot "pick off" a potential class representative by tendering payment of their...more

Helpful Ninth Circuit Decision on Harm Standing Requirement Under California's UCL

Here's another helpful federal court decision for defending against a purported UCL class action, where there is no harmed plaintiff. The Ninth Circuit recently issued a pro-defense opinion requiring a plaintiff who...more

In the Matter of Pay Tel, et al.

Comments of NC Prisoner Legal ServicesWest Virginia

Petitioners, providers of prisoner telephone services, asked the North Carolina Utilities Commission to waive the application of one of its rules to allow increased rates. North Carolina Prisoner Legal Services opposed the...more

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