$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions
In the Mexican legal system, the recurso de...more
The excessive concentration and lack of economic competition in many sectors of the Mexican economy, especially in the realms of telecommunications and broadcasting, are well known. For decades politicians have been talking...more
On February 25, 2013, Eaton Corporation (Eaton) filed a petition for certiorari to the United States Supreme Court seeking to reverse a jury verdict finding Eaton liable for illegal monopolization. In late 1999/early 2000,...more
Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more
The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more
On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust...more
On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more
Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws.
On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a...more
On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from antitrust scrutiny over a proposed hospital merger where the anticompetitive...more
In a unanimous decision issued on February 19, 2013, the U.S. Supreme Court ruled that the state-action doctrine did not immunize Phoebe Putney Health System’s acquisition of Palmyra Park Hospital in Albany, Georgia.1 The...more
In one of the most closely watched healthcare antitrust cases in years, the Supreme Court issued its decision in the FTC merger challenge to a Georgia hospital merger, Phoebe Putney Health System’s acquisition of Palmyra...more
Feb. 19 (Bloomberg) -- Robert Abrams, Chair of the Antitrust Group at Baker & Hostetler LLP, talks about his representation of a certified class of southeastern dairy farmers in the recently announced $158.6 million...more
Antitrust law and patent law are legal tectonic plates – always in motion, occasionally converging, occasionally diverging, and occasionally moving in parallel relation. As patent suits have recently multiplied, the...more
When does a monopoly hinder innovation? I would assert the answer is “always.” The American free enterprise system thrives on competition. The search for a better mousetrap has long been touted as the driver of innovation....more
International trade and investment in the energy sector takes place in a framework of treaties based on the conviction that all boats rise on the tide of free trade and underpinned by legal obligations, including the...more
Antitrust law and economics seem like dark arts to outsiders, an impression that antitrust lawyers are none too eager to dispel....more
China’s Ministry of Commerce recently announced that it opened four investigations during 2012 into suspected non-compliance with China’s merger control notification procedures. The outcomes of the investigations are still...more
China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels...more
Could the New York Yankees sell the broadcasting rights to their games to cable companies and subscribers in Mississippi? Could a Los Angeles Kings fan living on the East Coast pay to watch a crucial, late-season game live...more
Here’s a quick summary of the top five blog posts from 2012.
1. American Express Can’t Enforce Arbitration Agreement Antitrust Class Action Waiver. Discussing the Second Circuit case refusing to enforce an American...more
As a threshold issue in any monopolization claim, the court must identify the relevant market.
On December 17, 2012, in IGT v. Alliance Gaming Corp., the U.S. Court of Appeals for the Federal Circuit (Bryson, Linn,...more
The United Arab Emirates (“UAE”) federal government has issued the long anticipated Federal Law No. 4 of 2012 on the Regulation of Competition (the “Law”). The Law was published in the Official Gazette in December 2012 and...more
Europe’s courts take sides in standards patent disputes -
When a patent becomes essential for a product to operate according to industry standards—say, for a cellphone to connect to a 3G network—patent protection can...more
China's Anti-Monopoly Law (AML) took effect on August 1, 2008. Since then, the Chinese regulatory authorities have issued a number of implementing regulations and guidelines and developed enforcement mechanisms under the AML...more
The term pioneer patent is often misapplied with hyperbole and exaggeration. When it comes to the shrimp peeling machine invented by Fernand and James Lapeyre, however, that blockbuster label is spot-on. Their automated...more
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