Antitrust Investigations

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

by Cynthia Chen, Paul Devinsky, Lincoln Mayer | McDermott Will & Emery on 5/17/2013

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

The Compliance Stepchild: Antitrust

by Michael Volkov on 5/13/2013

Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...more

Criminal Antitrust Update - April 2013

by Andrew Friedman, Hannibal G. Williams II Kemerer | Patton Boggs LLP on 5/6/2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

Comparing Suicide Pricing by Lawyers and Antitrust Claims for Below-Cost Pricing

by David Bohrer | Valorem Law Group LLC on 4/29/2013

Seemingly unrelated, the WSJ’s discussion of antitrust claims challenging below-cost pricing (Antitrust Busters with Gavels, 4/26/2013) and the Internet tabloid Above the Law’s discussion of increased use of “suicide pricing”...more

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

European Commission Opens Antitrust Investigation into MasterCard

by Orrick - Structured Finance Group on 4/18/2013

The Commission initiated an investigation last week into the inter-bank fees charged by MasterCard in relation to payments made by card-holders from non-EEA countries, restrictions placed by MasterCard on retailers attempting...more

DOJ's Antitrust Division Reverses Policy on Individual Carve-Outs in Company Plea Agreements

by Wilson Sonsini Goodrich & Rosati on 4/18/2013

On Friday, April 12, 2013, the Antitrust Division of the United States Department of Justice announced a reversal in policy relating to its negotiations with companies that plead guilty of criminal antitrust violations.1 The...more

Another Steelmaker Subsidiary Raided in International Antitrust Investigation

by Brandi Walkowiak | Foley & Lardner LLP on 4/17/2013

On March 29, 2013, South Korea’s antitrust watchdog, the Supreme Prosecutors’ Office raided the office of POSCO ICT, a subsidiary of POSCO that manages the parent company’s IT network, as part of an ongoing investigation of...more

Antimonopoly Law Considerations and Risk Management in connection with M&A Transactions

by L. Mark Weeks | Orrick, Herrington & Sutcliffe LLP on 2/24/2013

In This Presentation: - General Indemnity: (1) Background and structure (2) Main provisions (3) Conduct of claims - Antitrust Indemnity: (1) Background (2) Main provisions (3) Conduct of...more

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