Howard Ullman – Orrick, Herrington & Sutcliffe

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Northern District of California Addresses Functional Discounts, Price Discrimination Claims

In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and allowed others to proceed,…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

A World Without Patents?

Planet Money’s recent podcast interviews two economists who advocate for the ultimate patent law reform: the abolition of patents. They argue that patents inhibit innovation. For example, the Wright Brothers supposedly…more
| Finance & Banking, Intellectual Property

Basketball, Surreptitious Recordings, and Antitrust

Donald Sterling — yes, that Donald Sterling — filed an antitrust lawsuit a few days ago against the National Basketball Association... ...It’s not clear if the complaint has now been mooted — Mr. Sterling apparently…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Commercial Law & Contracts

Collusion Regarding Terms of Medical Resident Employment?

Did you ever wonder why teaching hospitals can conduct their medical residency “match” program? And why they can share data and use it to help set wages for residents? And why the match program effectively forbids salary…more
| Antitrust & Trade Regulation, Education, Health

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 (worth…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Commercial Law & Contracts

Northern District of California Raises the Bar on Exclusive Dealing Claims

In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 (N.D. Cal. Apr. 25, 2014) (Orrick, J.), the court dismissed PNY’s exclusive dealing and attempted monopolization claims.... ...The case is significant…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Digital Content Producers (Still) Lack Antitrust Standing to Sue Wireless Carriers Over MMS

In a prior post, I covered the district court’s decision in Davis v. AT&T Wireless Services, Inc. There, the Central District of California dismissed antitrust claims against various wireless telephone companies and other…more
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

On the Difficulty of Dauberting Antitrust Economists

It’s difficult. Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of plaintiffs’…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Book Review: Louis Kaplow’s Competition Policy and Price Fixing

Undoubtedly you’ve seen television commercials by a well-known insurance company where one character turns to another and says: “you can save 15% or more in 15 minutes.” The other character then replies: “everyone knows that,…more
| Antitrust & Trade Regulation, Commercial Law & Contracts

U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity

The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don’t have to satisfy the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Health

Hot Topics In Intellectual Property And Antitrust Law

Overview of Presentation: The Antitrust / IP interface • Observers have long noted a perceived tension between antitrust and IP law • IP law aims to create legally sanctioned zones of exclusivity • It encourages,…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property

Lithium Ion Batteries Court Addresses Illinois Brick Exception, Finds Standing for Certain Indirect Purchasers of Component Products

In In re: Lithium Ion Batteries Antitrust Litigation, 2014 U.S. Dist. LEXIS 7516 (N.D. Cal. Jan. 21, 2014) (Gonzalez Rogers, J.), the Northern District of California largely rejected a motion to dismiss an antitrust price-fixing…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Constitutional Law

Another Example of Why You Should Follow the “New York Times” Rule — the Bazaarvoice Decision

Have you heard of the New York Times rule? The rule is: don’t write something down in a business communication unless you’re comfortable with its text appearing in the New York Times. If everyone followed this rule, lawyers…more
| Antitrust & Trade Regulation, Mergers & Acquisitions

“Anti-Patent Troll” Fails to Secure Dismissal of Amended Antitrust Complaint

Back in January, I covered the case of Cascades Computer Innovation LLC v. RPX Corp., 2013 U.SNo-Troll. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), where Judge Yvonne Gonzalez Rogers dismissed – with leave to amend – Cascades’…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Intellectual Property

Trademark Misuse Is ^Almost^ Never an Antitrust Injury

Trademarks are commonly thought to convey no market power. In RJ Machine Co. v. Canada Pipeline Accessories Co., Case No. 1:13-cv-00579-SS (W.D. Tex. Nov. 22, 2013) (Sparks, J.), the court dismissed antitrust claims predicated…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property
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