Lessons Learned: A Government Litigation Case Study
The Latest from the DOJ Antitrust Division
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The Ninth Circuit has held that a putative class of nationwide consumers that brought damages claims under California law was erroneously certified. Until now, class actions asserting claims for plaintiffs across the country...more
The WTO—already on shaky ground with the White House—did little to endear itself on Tuesday with a decision giving the EU “permission to impose tariffs on $4 billion worth of American products annually in retaliation for...more
In 2012, eBizcuss, Apple's largest premium reseller in France, complained to the French Competition Authority (FCA) about Apple's abuse of dominant position and a volley of unfair competitive practices. eBizcuss, which had...more
Despite news of additional COVID-19-related deaths and infections in America, central bankers appear to have bought at least one day of peace for US markets, which posted strong gains on a late surge on Monday, breaking a...more
More than a bit of drama in the auto world yesterday, with General Motors suing rival Fiat Chrysler, accusing it of “bribing United Auto Workers officials to gain competitive advantages in contract negotiations.” The UAW’s...more
In May, the U.S. Supreme Court issued a decision in Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019), holding that consumers of Apple’s App Store could bring suit against the tech giant for antitrust claims. ...more
On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more
A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more
Competition authorities worldwide ramped up scrutiny of e-commerce business practices in 2015. The European Commission (Commission) launched an expansive sector inquiry in May 2015 aimed at identifying anticompetitive...more
The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks...more
On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest...more
We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to...more
On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal...more
On Monday, the United States Court of Appeals for the Second Circuit heard oral argument in Apple’s appeal in the e-book price-fixing lawsuit brought by the Department of Justice. This appeal follows an adverse decision from...more
Sentencing Commission Requests and Receives Comments on Price Fixing Penalty Revisions - The U.S. Sentencing Commission is currently seeking public comments on sentencing for price fixing, bid rigging and market...more
Apple’s e-book fortunes in the Southern District of New York darkened and then brightened this past week as Judge Denise Cote denied Apple’s request to stay its upcoming damages trial and plaintiffs’ class notification. Later...more
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
After a three-week bench trial, the court has ruled that Apple violated Section 1 of the Sherman Act....more
On July 10, 2013, Judge Denise Cote of the United States District Court for the Southern District of New York ruled that Apple Inc. committed a per se illegal violation of Section 1 of the Sherman Act when it instigated and...more
On July 10, 2013, 15 months after the Department of Justice (DOJ) filed its suit against Apple Inc. (Apple) and five major publishers for allegedly conspiring to raise e-book prices and end e-book retailers’ freedom to...more
On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon...more
On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...more
In 2012, the Antitrust Division (Division) of the U.S. Department of Justice won several significant convictions, both at trial and through guilty pleas, while the merger enforcement efforts of the Division and the Federal...more