Parliament recently passed Bill C-59 (the Fall Economic Statement Implementation Act, 2023), which include important changes to Canada’s Competition Act, many of which are now in force. These amendments follow the already...more
On December 6, 2023, U.S. Senators Tammy Baldwin (D-WI) and Bill Cassidy, M.D. (R-LA) introduced bipartisan legislation aimed at supporting U.S. industries that have been harmed by unfairly traded imports. Under the proposed...more
Large corporations, state governments and localities are issuing press releases and public statements concerning their greenhouse gas reduction goals. Some are aiming for 100% renewable energy, others have established net...more
It was a tough day for opposing patent damages experts in Ecolab Inc. v. Dubois Chemicals, Inc., as Judge Andrews of the District of Delaware granted Daubert motions directed to both experts' reasonable royalty opinions. The...more
The U.S. Department of Justice, Antitrust Division (DOJ), and the Federal Trade Commission (FTC) (and together, the “Agencies”) have released long-anticipated draft merger guidelines (the “2023 Draft Guidelines”) that...more
The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more
Companies face a difficult choice between taking heed of growing anti-ESG voices while continuing to meet investor and shareholder demands. For several years, companies have come under intense pressure from their boards,...more
California Plaintiffs frequently assert a duplicative claim under the Unfair Competition Law (“UCL”), California Business & Professions Code Section 17200 et seq. that relies on a violation of another law to establish...more
This week’s Update features a couple of stories (including one by Seattle’s own Geekwire.com) detailing the recent executive shake up at Expedia. Enjoy....more
On March 22, 2021, the Department of Commerce (“Commerce”) interim final rule to implement provisions of Executive Order 13873 on Securing the Information and Communications Technology and Services (ICTS) Supply Chain became...more
On 9th December High Court heard one of the first applications to vary Company Director Disqualification Undertakings (“CDU”) given by two directors of a group of companies previously found guilty by the Competition & Markets...more
In one of its first major rulings, Hong Kong's Competition Tribunal (the "Tribunal") has ruled against 10 decorating contractors for serious anti-competitive conduct as set out in the Competition Ordinance (the "Ordinance")...more
On 22 October 2018, the UK’s Competition and Markets Authority (CMA) announced that it had launched a new “Stop Cartels” campaign to educate businesses about anti-competitive practices and encourage people to come forward if...more
A New York federal court adopted a “market share allocation” approach to calculate the damages and awarded almost $10 million in a false advertising suit brought by one pregnancy test manufacturer against another....more
Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more
The General Court of the European Union recently held, in Goldman Sachs v. Commission, that purely financial investors such as investment funds may be held jointly and severally liable for competition law violations...more
This may not be obvious to people who do not keep track of the Federal Trade Commission (FTC)/Department of Justice antitrust enforcement policy, but an enforcement action has never been published involving an Accountable...more
A recent product liability case involving foil pans and market share liability is a win for the defendants. In a products liability action, identification of the exact defendant whose product injured the plaintiff is...more
Wu Jing, the director and star of Chinese smash hit “Wolf Warrior II,” has been pressing the flesh around Los Angeles in recent months to build buzz for the film ahead of this year’s Oscars, whose nominees will be unveiled...more
The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for price fixing and market sharing...more
The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has a general and cross-sector competition...more
In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more
The Russian Federal Antimonopoly Service (“FAS”) has cleared Rosneft’s US$ 55 billion acquisition of TNK-BP, subject to divestments and conduct remedies. The deal will reduce the number of major oil companies in Russia from...more