Monopolization

News & Analysis as of

Bundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?

Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as...more

Chinese antitrust regulator prohibits P3 shipping alliance

China's antitrust regulator Anti-monopoly Bureau at Ministry of Commerce ("MOFCOM") published its decision on 17 June 2014 to prohibit the container shipping companies alliance between Maersk Line, Mediterranean Shipping...more

Beyond Truth, and Toward Repose: Price Increases Following “Merger to Monopoly” Do Not Rekindle Statute of Limitations

Z Technologies Corp. v. Lubrizol Corp., No. 2:12-cv-12206 (6th Cir., May 23, 2014). In February, 2007, Lubrizol Corporation made a “merger to monopoly” acquisition of the assets of a competitor. The acquisition...more

“Plausibility” and the Non-Conspiracy Elements of Antitrust Claims

In Bell Atlantic Co. v. Twombly, the Supreme Court injected a “plausibility” standard into Rule 12(b)(6) for claims asserting an alleged antitrust conspiracy. Since then, lower courts, scholars, and practitioners have written...more

A Brief History of the Patent Law of the United States

Public perception of the patent system has swung widely over the years from highs, such as those in the late nineteenth century when Mark Twain could write “a country without a patent office and good patent laws was just a...more

One Too Many: Oregon "Privatizes" Sale of Liquor, With Which North Carolina Has Also Flirted

North Carolina is an alcoholic beverage control state, meaning it is one of 17 states with a monopoly over the retailing of distilled spirits. North Carolina is also a "local option" state, which means that county and...more

Northern District of California Raises the Bar on Exclusive Dealing Claims

In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 (N.D. Cal. Apr. 25, 2014) (Orrick, J.), the court dismissed PNY’s exclusive dealing and attempted monopolization claims.... ...The case is significant...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

Ninth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied...

On February 24, 2014, the Ninth Circuit Court of Appeals affirmed the lower court’s grant of summary judgment dismissing DAW Industries’ claims of conspiracy to restrain trade and attempted monopolization, once again...more

Poland: Proposals to allow monopoly to offer online games

Pursuant to the Gambling Law dated 19 November 2009 (“Law”), the Polish government grants monopoly rights over number games, cash lotteries and telebingo. However, the Law does not specifically refer to the internet and the...more

Common Pitfalls and Antitrust Compliance Risks with Association-Sponsored Market Research Programs

In This Presentation: - Introduction: - Value of Market Research Programs to Associations - Antitrust Laws Applied to Information Exchanges and Benchmarking – Overview – Recent...more

A Useful Reminder About Sham Litigation as Exclusionary Conduct

In Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., 2013 U.S. Dist. LEXIS 143478 (N.D. Cal. Oct. 3, 2013) (Chesney, J.), the Court dismissed attempted monopolization and monopolization counterclaims with leave to...more

Telecommunications Policy in an IP World

In This Issue: •What Principles Apply? •The Traditional “Social Compact” in Telecommunications •Does IP Technology Change the Analysis? •The Issues and Local Governments Principles for Local...more

New Social Compact in an IP World (Presentation)

In This Presentation: •What Principles Apply? •Some Basic Economics •The Traditional “Social Compact” in Telecommunications •Does IP Technology Change the Analysis? •The Duty for All of Us -...more

Failure to Adequately Allege Lack of Supply Cross-Elasticity Dooms Attempted Monopolization Action to "Quick Look" Dismissal

GULF STATES REORGANIZATION GROUP, INC. V. NUCOR CORP. (11th Cir. July 15, 2013) No. 11-14983. - In 1999, Gulf States Steel, Inc., a participant in a market described as “black hot rolled coil steel” filed a petition...more

If Your Allegations Don’t Establish a Price Effect, You May Lack Antitrust Standing

In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations in connection with...more

Greece: Government sells its stake in OPAP

On 12 August the Greek government put pen to paper to complete the sale of its 33% controlling stake in the gambling monopoly OPAP for €652 million to Emma Delta, an equity fund led by Czech billionaire Jiri Smejc....more

Claims of Providing Truthful Marketing Information to Airports Issuing Bids for Duty Free Shops Fails to Allege Actionable...

Conclusary allegations of parallel business conduct which are in the economic self-interest of the actor do not state an actionable antitrust claim. Duty Free Americas, Inc. v. The Estée Lauder Companies, Inc., Case O:...more

Trademarks Are Not Monopolies

Trademarks are brand names or logos that identify the producers of products or services in the marketplace, so that customers can find what they are looking for....more

New York District Court Dismisses Complaint Alleging Foreign Antitrust Activity

The US District Court for the Southern District of New York recently held that alleged anticompetitive conduct by Chinese technology manufacturers taking place entirely within China did not create sufficient direct effects on...more

Instapundit: America's IP Laws Need to be "Pruned Back"  [Video]

May 24 (Bloomberg Law) -- Under current intellectual property law, a consumer who unlocks his or her own cellphone can be convicted as a felon. Law professor and Instapundit founder Glenn Reynolds says such a scenario is...more

To amparo or not to amparo?

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

Major Reforms in Telecommunications, Broadcasting, and Economic Competition Open New Investment Opportunities in Mexico

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

Eaton Looks To U.S. Supreme Court For Help After Third Circuit Upholds

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

Supreme Court Reins in State Action Immunity

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

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