Patterson Belknap Webb & Tyler LLP

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New York, New York 10036, United States

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Belgium, Japan to 7th Circuit: Don’t interfere with our antitrust enforcement!

Our regular readers know that we have been carefully following the developments in Motorola Mobility LLC v. AU Optronics Corp., currently pending in the Seventh Circuit. The case addresses the reach of the Foreign Trade…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, International Law & Trade

Extraterritorial Reach of Antitrust Laws: The FSIA

We have written extensively about the scope of the Foreign Trade Antitrust Improvement Acts and the extraterritorial reach of U.S. antitrust laws. Now, the scope of the U.S. antitrust laws has arisen in a different context: the…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, International Law & Trade

Yes, Compliance Programs Still Matter

On September 29, 2014, we asked: “Does a Compliance Program Matter to U.S. Antitrust Enforcers?” After concluding that compliance programs still provide tangible benefits, we offered five factors that companies should consider…more
| Antitrust & Trade Regulation, Commercial Law & Contracts

Private antitrust enforcement in Switzerland

There is a wide range of remedies under Swiss competition law for business litigants. Inventive remedies include compelled access to what American antitrust lawyers would call an “essential facility.” But recent proposed…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Commercial Law & Contracts

New Developments and Impending Deadlines for Employer Group Health Plans

As the federal government agencies continue to push forward with implementation and administration of health care reform (i.e., the Patient Protection and Affordable Care Act), there are two recent developments that we want to…more
| Labor & Employment Law

Scholarships, Grants, And Foreign Students— Tax Compliance Tips For U.S. Institutions

In recent years, record numbers of foreign students have enrolled in graduate and under- graduate programs at U.S. colleges and universities. During the 2012-2013 academic year, their numbers topped 800,000—the seventh…more
| Education, Immigration Law, International Law & Trade, Taxation

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 key…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, International Law & Trade, Science, Computers, & Technology

Tough Choices Confront Trade Creditors When a Retailer Faces Bankruptcy

The Great Recession, which began in December 2007 and officially ended in September 2009, has been especially hard on U.S. retailers, and its impact likely will be felt for many more years. Retailers sustained record-breaking…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

Canadian Competition Bureau chief takes a tough stance on pay-to-delay agreements

The Canadian Competition Bureau intends to take a tough approach to so-called “pay-to-delay” settlements, potentially anti-competitive agreements in which generic drug manufacturers agree to delay the launch of a low-cost…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Reverse Payments, Actavis, and the Lower Courts at Sea, Part 2: The Brewing Conflict Over Non-Cash Settlements

Our first post in this series was titled “What Is a Reverse Payment?” As the recent cases discussed in today’s post show, the courts are struggling with a fundamental component of that question: What, for that matter, is a…more
| Antitrust & Trade Regulation, Health, Science, Computers, & Technology

Swiss Parliament Rejects Antitrust Reforms

The Swiss competition law is governed by the Federal Law of October 6, 1995, on Cartels and Other Restraints of Competition (the Cartel Act). The regulatory framework is accompanied by numerous federal ordinances and…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions

A New Suit Alleges “Product Hopping” Theory

Previously, we discussed a recent lawsuit that alleged “product hopping” by a brand pharmaceutical manufacturer as part of a broader pay-for-delay claim. On Monday, the New York Attorney General filed a suit in the U.S. District…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Does a Compliance Program Matter to U.S. Antitrust Enforcers?

Two weeks ago Assistant Attorney General Bill Baer and Deputy Assistant Attorney General Brent Snyder of the Department of Justice’s Antitrust Division gave speeches in which they commented on the role of corporate compliance…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law

Unilateral Refusal-to-Deal Claims: The Significance of the Parties’ Prior Course of Dealing

In the seminal decision, Aspen Skiing Co. v. Aspen Highlands Skiing Corp. 472 U.S. 585, 611 (1985), the U.S. Supreme Court affirmed a jury verdict for a plaintiff on a Section 2 claim and set forth the standard for unilateral…more
| Antitrust & Trade Regulation

Competition Commission of India Conducts First-Ever Raid

Earlier this week, India’s competition regulator-the Competition Commission of India (“CCI”)-raided two offices of JCB India Limited (“JCB”), a UK-based manufacturer of construction equipment. This raid marks the first time…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Construction Law, Criminal Law
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