Antitrust Litigation

News & Analysis as of

Busting Brackets: District Court Rejects NCAA’s Summary Judgment Motion and Allows Student-Athletes’ Suit for Publicity...

Nearly five years into the lawsuit, a District Court denied defendant NCAA’s summary judgment motion, and ordered that the antitrust claims of current and former student-athletes denied compensation for the commercial use of...more

"European Parliament Approves Proposed Directive on Private Antitrust Damages Actions"

On April 17, 2014, the European Parliament overwhelmingly approved the European Commission’s proposal for a directive on private antitrust damages actions (the Directive). The Directive is intended to facilitate antitrust...more

Fear and Trebling: E-Book Class Action Takes a(nother) Bite out of Apple

The legal drama continues for Apple, Inc., as the tech giant recently suffered another in a string of significant legal setbacks in the e-book antitrust saga in the Southern District of New York. Last month, Judge Denise...more

Section One’s Shining Moment: A new antitrust lawsuit threatens the NCAA

This year, the term “March Madness” meant more than basketball tournaments to the National Collegiate Athletic Association, its conferences and member schools. On March 17, 2014, a group of college basketball and football...more

China: A New Dawn in Anti-Trust

Chinese antitrust regulators have not historically been known to engage in aggressive investigations. Things may be beginning to change. Last year, both Qualcomm and IDC were put under the microscope by PRC National...more

European Parliament adopts legislation facilitating antitrust damages actions

Today, the European Parliament approved legislation governing antitrust damages actions brought in the national courts of EU Member States. The Parliament’s approval was the last significant hurdle and follows several years...more

Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases

On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge...more

Is 4-3 the New 3-2? FTC Continues to Target Pharmaceutical Mergers

The Federal Trade Commission (“FTC” or “Commission”) has often stated that merger analysis requires more than a simplistic determination that high market concentration leads to anticompetitive effects. Still, the antitrust...more

For the first time Germany extradites former executive to the US on antitrust charges

Romano Pisciotti, an Italian national, was extradited from Germany in April 2014 to personally face criminal charges in the US for participating in a worldwide cartel. This is the first time an individual has been extradited...more

Private Equity Investors Are Not Immune to Antitrust Risks in the EU

Earlier this month, the European Commission imposed fines totaling nearly EUR 302 million on producers of underground and high-voltage power cables, based on allegations that the producers had engaged in illicit market...more

Antitrust Matters - April 2014 (Global)

Welcome to the second issue of our global competition and antitrust law newsletter Antitrust Matters. The importance and shifting nature of antitrust problems facing companies and individuals is by its nature, a work in...more

DOJ Secures First-Ever Successful Extradition on Antitrust Charge

On Friday, April 4, 2014, the Antitrust Division of the United States Department of Justice (DOJ) announced that Romano Pisciotti, an Italian national, was extradited from Germany for his alleged role in a marine hose...more

FTAIA and Foreign Sales: Seventh Circuit Limits Extraterritorial Reach of U.S. Antitrust Law in Motorola Mobility v. AU Optronics

On March 27, 2014, in Motorola Mobility LLC v. AU Optronics Corp., the Seventh Circuit set precedent in the growing body of law interpreting the Foreign Trade Antitrust Improvements Act (FTAIA). Judge Posner held that the...more

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

What Does the First-Ever Extradition on an Antitrust Charge Mean for the Auto Parts Investigation?

On April 4, 2014, the U.S. Department of Justice, Antitrust Division announced a milestone victory, having successfully litigated its first extradition for an alleged antitrust violation. Romano Pisciotti, an Italian national...more

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...more

Long Time Coming: United States Wins First Extradition On Antitrust Charge

On April 4, 2014, the U.S. Department of Justice (DOJ) announced its first-ever successfully litigated extradition of a foreign citizen to the United States in a federal criminal antitrust case. This was an inevitable next...more

DOJ Scores First Antitrust Extradition: More to Come?

With Friday’s announcement of the first-ever extradition of a foreign executive on criminal antitrust charges to the United States, the US Department of Justice has won a major victory in its effort to prosecute and deter...more

The GPMemorandum, Issue 179 (Distribution Issue)

In this Issue: - Tying And Other Claims By Service Competitor Rejected: A federal court in Arizona has rejected various antitrust claims brought by a servicer of aircraft power units against a manufacturer of...more

Commission Holds Goldman Sachs Liable for Former Portfolio Company’s Antitrust Infringement

In its decision of 2 April 2014 in relation to the underground and submarine high voltage power cables cartel case, the European Commission (Commission) held the parent companies of the producers involved liable, on the basis...more

Seventh Circuit Restricts the Reach of U.S. Antitrust Laws on Foreign Component Manufacturers

Background-Seventh Circuit Issues Important Decision for Foreign Manufacturers - In a precedent-setting antitrust decision, a federal appellate court handed a significant victory to Nossaman client AU Optronics in its...more

Motorola Mobility LLC v. AU Optronics Corp.: Seventh Circuit Clarifies Reach of U.S. Antitrust Law to Foreign Commerce

A recent decision from the Seventh Circuit, Motorola v. AU Optronics Corp., provided much-needed clarification on the scope of the Foreign Trade Antitrust Improvements Act (“FTAIA”). Specifically, the court’s decision...more

Law360: A Year Later: Comcast's Impact On Antitrust Class Actions

One year ago, on March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), overturning an order certifying an antitrust class action under Federal Rule of Civil Procedure...more

Association TRENDS 2014 Legal Review

In this issue: - Top 5 Legal Issues of the Past Year - And the horse you rode in on Antitrust and membership restrictions - Employment and benefits developments: Same-sex couples - DOJ rules on...more

State Action Doctrine At The Supreme Court: Take Two

The Supreme Court has a renewed interest in the state action doctrine. After declining to clarify what types of state action are exempt from federal antitrust scrutiny for years, the Supreme Court agreed to hear its second...more

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