Orrick's Antitrust and Competition Newsletter - September 2012


Top Story

Patent Licensing in the Cloud: Antitrust Issues
This article reviews whether the nature of cloud computing raises special antitrust risks and, if so, when a company should consider further review of its licensing practices. Read more »

Global Developments

United States

Supreme Court Agrees to Hear Two Antitrust Cases Next Term
The United States Supreme Court has agreed to hear two antitrust cases during its next term, which starts in October. Read more » 

Third Circuit Rules That Reverse Patent Payment Agreements May Violate the Sherman Act
In In Re: K-Dur Antitrust Litigation, the Third Circuit ruled that reverse patent payments are prima facie evidence of an antitrust violation. Read more »

ATM Users Lack Standing to Challenge Bank ATM Fees
In In re: ATM Fee Antitrust Litigation, the Ninth Circuit ruled that consumers could not challenge ATM fees paid by ATM card issuing banks to the owner of the ATMs accessed by the cardholders. Read more »

Seventh Circuit Allows Foreign Price-fixing Claims to Proceed
In Minn-Chem, Inc. v. Agrium Inc., the Seventh Circuit addressed the FTAIA in the context of an alleged worldwide scheme to fix potash prices. Read more »


European Commission Accepts Commitments from Areva and Siemens to Limit Non-compete Obligations
The EC has accepted binding commitments from Areva SA and Siemens AG in connection with a joint venture non-compete obligation. Read more » 

EC Brings “Reverse Payment” Cases Against Pharmaceutical Companies
The Commission announced that it had issued formal charges against Servier, a pharmaceutical company, and several of its generic competitors. Read more » 

UK Government Consults on Ways to Strengthen Private Antitrust Enforcement
The UK government’s Department for Business, Innovation and Skills has concluded a public consultation aimed at strengthening private antitrust enforcement in the UK. Read more » 


China Issues Provisions on Laws Applicable to the Trial of Civil Disputes Arising from Monopolistic Activities
On June 1, 2012, the Supreme Court Provisions on Several Issues Concerning Laws Applicable to the Trial of Civil Dispute Cases Arising from Monopolistic Activities came into effect. Read more »

Korean Fair Trade Commission Imposes Fines for Failure to Notify
The KFTC has fined 21 companies nearly 200 million won for failure to provide notice of mergers. Read more »

China’s Ministry of Commerce Issues a Revised Template Form for Filing Merger Clearance Applications
The new form is to be used for all merger notifications filed after July 7, 2012. Read more »

MOFCOM Proposes to Fast-track Anti-monopoly Reviews
China’s MOFCOM has proposed to streamline anti-monopoly reviews by classifying M&A transactions on the basis of market shares. Read more »

Hong Kong Passes a Competition Ordinance
The Ordinance prohibits anti-competitive agreements and abusive conduct in Hong Kong and is modeled largely on the EU regime. Read more »

First Court Decision in Resale Price Maintenance Case Since the Introduction of China’s AML
The Shanghai No. 1 Intermediate People’s Court issued a judgment dismissing all petitions of the Beijing Ruibang Yonghe Technology & Trade Co. in its case against Johnson & Johnson. Read more »

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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