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DG COMP’s 5th monitoring report: time for guidance please!

DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more

US and EU Regulatory Agencies Approve $43B Medtronic & Covidien Merger US and EU Regulatory Agencies Approve $43B Medtronic &...

Med Device Online reports that Medtronic has been cleared by the Federal Trade Commission (“FTC”) and EU’s European Commission to merge with Covidien. Also according to Med Device Online, the companies had to agree that...more

Significant Number of Dawn Raids Shows Increased Antitrust and Criminal Law Enforcement in Italian Pharmaceutical Sector

On 27 November, the Italian Competition Authority dawn raided a major South African company for alleged excessive pricing of its oncology products in Italy. According to a complaint by one of the most active consumer...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

Criminal Global Cartel Focus on Generic Pharmaceuticals

The Antitrust Division is nearing the end of its largest, record-setting criminal cartel investigation – global auto parts suppliers. It has been a sprawling investigation that has leaped from product-to-product in the auto...more

Developments in the Capacitor Cartel Litigation: Class Counsel Appointed and the Antitrust Division Intervenes

In July, we wrote about two putative class action lawsuits alleging that Panasonic, Samsung, and other electronics manufacturers had formed a cartel to boost prices of certain electronic capacitors. Since then, the cases have...more

European Union Versus United States Approaches to Cyber-Security

The thing about electronic data is that it is not subject to traditional geographical boundaries. Policyholders must navigate a patch work of regulations that often significantly differ from jurisdiction to jurisdiction. ...more

Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp. et al.

On November 13, 2014, the Seventh Circuit will hear oral arguments on a motion for rehearing in Motorola Mobility LLC v. AU Optronics Corp. et al., to consider the reach of the Sherman Act outside of the United States borders...more

China’s Supreme People’s Court Releases its First Decision Under China's Antimonopoly Law

Case sets precedent for antitrust disputes in China, particularly on how to define the relevant market, and assess market dominance and abusive conduct. Introduction – On 16 October 2014, China’s highest court...more

An Update on Motorola Mobility LLC v. AU Optronics Corp. et al.: How Far Does The FTAIA Go?

In Motorola Mobility LLC v. AU Optronics Corp. et al., the Seventh Circuit is currently considering the reach of the Sherman Act beyond United States borders and will join the Second and Ninth Circuits in interpreting some...more

India Enters "Pay-for-Delay" Fray: CCI Investigating Pharmaceutical Patent Settlements

India's competition authority, the Competition Commission of India (CCI), has begun scrutinizing and investigating pharmaceutical patent settlement agreements between brand and generic firms for potential anticompetitive...more

The Commission Fines Servier And Five Generic Companies For Curbing Entry Of Cheaper Versions Of Cardiovascular Medicine

The European Commission has imposed fines totalling €427.7 million on the French pharmaceutical company Servier and five producers of generic medicines – namely, Niche/Unichem, Matrix (now part of Mylan), Teva, Krka and Lupin...more

New rules on consumer rights in force

As mentioned in Giulio’s post some months ago, Italy implemented the EU Directive 2011/83 on consumer rights. The new provisions were added to the Italian Consumer Code, effective from 13 June 2014. Our team worked hard on...more

The Internet of Things: Ofcom call for input

Ofcom has issued a call for stakeholder input on the emerging Internet of Things. The Internet of Things describes the inter-connection of multiple “things”, be they devices or sensors, that are able to communicate and share...more

EU Court Says Loyalty Discounts Betray Competition: Ruling Underlines U.S. Differences

Intel's use of loyalty discounts and rebates to computer manufacturers and other actions directed at competitor Advanced Micro Devices violated EU competition law, according to the European Union's (EU) General Court. The...more

European Commission Provides insight into possible directions for future EU dual-use export control regime

The European Commission has recently outlined its priorities and suggestions for modernising and improving the EU’s Dual-Use export controls regime in a Communication. The proposed approach focuses on ‘smarter’ controls,...more

EU Court Maintains Tough Stance Against Business Practices by Firms With Strong Market Power

On 12 June 2014, the European Union’s court of first instance, the General Court, in Intel v European Commission (Case T-286/09), condemned a number of Intel’s business practices, including loyalty rebates. The General...more

The General Court's Intel Decision—"Back to the Seventies"

On June 12, 2014, the General Court in Luxembourg upheld the European Commission's 2009 (record) fine of €1.06 billion against Intel for abusing its dominant position in the market for x86 CPU microprocessors by offering...more

"Intel Loses Appeal Against European Antitrust Fine"

In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant...more

Privacy & Cybersecurity - May 2014

In This Issue: - EU Court of Justice Creates Broad Interpretation of the ‘Right to be Forgotten’ - White House Publishes Report on Risks and Opportunities Posed by ‘Big Data’ Practices - California AG...more

The “Internet of Things” Rises

Refrigerators that tell you you’re out of milk, cars that warn of an imminent collision, implants that know if you’ve taken your medicine—by tying almost anything into a wireless network, the “Internet of Things” promises to...more

Cyber-Symbolism? DOJ Announces First-Of-Its-Kind Prosecution Of State Actors — But Does It Matter?

The U.S. Justice Department has charged members of the Chinese military with allegedly engaging in economic espionage against American companies. It’s the first time that the United States has leveled such charges against...more

China Update

In This Issue: - Quote of the Week - U.S.-China Relations - China News - Energy & Environment and Trade - Excerpt from U.S.-China Relations: China to Participate in RIMPAC for First Time - On...more

United States Charges China with Cyber-Espionage in Unprecedented Indictment

This morning, the U.S. Department of Justice (DOJ) announced that a grand jury in the Western District of Pennsylvania has indicted five Chinese military officials on charges of computer hacking, economic espionage, and...more

Technology Transfer Agreements: EU Promulgates New Antitrust Rules

The licensing of technology is core to the business model of many companies operating in IP-sensitive industries. Its commercial benefits are myriad. For example, it allows a licensor to take advantage of a licensee’s greater...more

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