Sherman Act

LIBOR Going Forward: How Will Dismissal of Antitrust Claims Effect Investigations and Private Claims?

by Bill Devinney | BakerHostetler on 5/22/2013

We recently wrote about the dismissal of the plaintiffs’ antitrust claims against banks involved in the LIBOR manipulation scandal for failure to allege an antitrust injury. Since that dismissal, the court has granted...more

Criminal Antitrust Update - April 2013

by Andrew Friedman, Hannibal G. Williams II Kemerer | Patton Boggs LLP on 5/6/2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

It Is Becoming Tougher for Plaintiffs to Allege Harm to Competition

by Howard Ullman on 4/19/2013

It has long been the case that Sherman Act Section 1 Rule of Reason claims as well as Section 2 claims require proof of harm to competition. But the courts, particularly in the Ninth Circuit, have been tightening up on the...more

Monopolization Claims Against In-Flight Internet Provider Dismissed

by Howard Ullman on 4/15/2013

In Stewart v. Gogo, Inc., 2013 U.S. Dist. LEXIS 51895 (N.D. Cal. Apr. 10, 2013) (Chen, J.), a putative class of airline passengers challenged Gogo’s long-term exclusive contracts to provide Internet access connectivity to...more

Supreme Court Raises the Bar to Class Certification

by Thomas Goodwin, Richard Hernandez, William O'Shaughnessy, David Reif, Eric Watt Wiechmann | McCarter & English, LLP on 4/11/2013

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged...more

Court Finds No Inference of Conspiracy Arising From Members of Standard Setting Organization Pursuing Self Interest In Refusing To...

by Thomas Nevins | Sheppard Mullin Richter & Hampton LLP on 3/19/2013

The Massachusetts United States District Court granted a Rule 12(b)(6) motion dismissing antitrust claims brought under Section 1 of the Sherman Act by a company that had invented a new technology for testing metallic...more

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

by Daniel Boland, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

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

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

by Mark Cohen, Scott Thomson | Cohen & Gresser LLP on 3/5/2013

Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust...more

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

by Paul D. Swanson | Lane Powell PC - Intellectual Property Law &... on 3/5/2013

As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience....more

The Antitrust Implications of Non-Compete Agreements

by Andrew Bigart, Robert P. Davis, Lisa Jose Fales | Venable LLP on 3/4/2013

The Federal Trade Commission’s (FTC) recent settlement in In the Matter of Oltrin prohibiting use of a geographic non-compete by two companies in the bulk bleach industry is a reminder that the antitrust agencies look closely...more

In re Baby Products Antitrust Litigation: Third Circuit Issues Game-Changing Decision Affecting Cy Pres Funds in Claims-Made Class...

by King & Spalding on 2/26/2013

On February 19, 2013, the United States Court of Appeals for the Third Circuit vacated a district court order approving a class action settlement, holding that a district court must specifically determine that a claims-made...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Shep Davidson | Burns & Levinson LLP on 2/22/2013

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

DOJ Announces Criminal Charges And Penalties For LIBOR Manipulation, Regulators Announce Parallel Civil Enforcement Actions

by BuckleySandler LLP on 2/15/2013

On February 6, U.S. and U.K. authorities announced that a Japanese financial institution and its British bank parent company agreed to pay roughly $612 million to resolve criminal and civil investigations into the firms’ role...more

Managing Association Joint Purchasing Programs without Violating the Antitrust Laws: Lessons from a DOJ Business Review Letter

by Andrew Bigart, Lisa Jose Fales, Jeffrey S. Tenenbaum | Venable LLP on 2/11/2013

Trade and professional associations (“associations”) frequently sponsor joint purchasing arrangements on behalf of their members. These programs offer numerous potential benefits, including centralized ordering, volume...more

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

by Peter Carney, Martin Toto | White & Case LLP on 2/8/2013

Global Overview: Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

Another Court Holds Daubert Analysis Required When Critical to Class Certification

by Joseph Langkamer, Theresa Loscalzo | Schnader Harrison Segal & Lewis LLP on 1/31/2013

With a split among the Circuits, no authoritative decision from the Third Circuit, and certiorari already granted by the U.S. Supreme Court on the issue, another district court has concluded that a thorough Daubert analysis...more

ICANN’s domains under attack

by Melanie Howard, Douglas N. Masters | Loeb & Loeb LLP on 1/10/2013

Originally published in the December 2012/January 2013 issue of Intellectual Property Magazine. In the wake of ICANN’s failure earlier this year to dismiss anti-trust allegations arising from the new generic top level...more

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

by Michael S. Gordon, Allison Wuertz | Katten Muchin Rosenman LLP on 1/10/2013

The US Court of Appeals for the Fourth Circuit affirmed the holding of the lower court, which granted GXS, Inc.’s motion to dismiss plaintiff Loren Data Corporation’s antitrust claims against GXS. Both parties provide...more

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

by James M. Burns, Adam Wenner | Dickinson Wright on 1/10/2013

On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company...more

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

by Michael S. Gordon, Allison Wuertz | Katten Muchin Rosenman LLP on 1/9/2013

The US Court of Appeals for the Fourth Circuit affirmed the holding of the lower court, which granted GXS, Inc.’s motion to dismiss plaintiff Loren Data Corporation’s antitrust claims against GXS. Both parties provide...more

End of the Dark Ages? Lawsuits Put Sports TV Blackout Rules to the Test

by Jeremy Lacks | Manatt, Phelps & Phillips, LLP on 1/4/2013

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

Are the Regulators Coming after the Patent Trolls?

by Bill Devinney | BakerHostetler on 12/24/2012

The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....more

Latest LCD Criminal Conviction - Stephen Leung Of AUO Convicted On Retrial

by James L. McGinnis | Sheppard Mullin Richter & Hampton LLP on 12/21/2012

After a 3-week trial and less than 24 hours of deliberation, a federal jury in San Francisco convicted Mr. Stephen Leung of AUO of one felony count of price-fixing in violation of Section 1 of the Sherman Act. He was charged...more

Challenge To Alleged Restraints On Baseball And Hockey Programming Survive Motion To Dismiss And Advance To The Next Round Of...

by Leo Caseria, David R. Garcia | Sheppard Mullin Richter & Hampton LLP on 12/19/2012

Have you ever been away from home when your favorite baseball or hockey team is playing an important game? Ever wished you could watch that game, and just that game, live while you are on the road? If plaintiffs in Laumann v....more

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

by Lee Simowitz | BakerHostetler on 12/13/2012

The worst antitrust offenses involve conspiracies involving multiple actors. Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or bid-rigging, require...more

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LIBOR Going Forward: How Will Dismissal of Antitrust Claims Effect Investigations and Private Claims?

Criminal Antitrust Update - April 2013

It Is Becoming Tougher for Plaintiffs to Allege Harm to Competition

Monopolization Claims Against In-Flight Internet Provider Dismissed

Supreme Court Raises the Bar to Class Certification

Court Finds No Inference of Conspiracy Arising From Members of Standard Setting Organization Pursuing Self Interest In Refusing To...

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

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

The Antitrust Implications of Non-Compete Agreements

In re Baby Products Antitrust Litigation: Third Circuit Issues Game-Changing Decision Affecting Cy Pres Funds in Claims-Made Class...

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

DOJ Announces Criminal Charges And Penalties For LIBOR Manipulation, Regulators Announce Parallel Civil Enforcement Actions

Managing Association Joint Purchasing Programs without Violating the Antitrust Laws: Lessons from a DOJ Business Review Letter

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

Another Court Holds Daubert Analysis Required When Critical to Class Certification

ICANN’s domains under attack

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

End of the Dark Ages? Lawsuits Put Sports TV Blackout Rules to the Test

Are the Regulators Coming after the Patent Trolls?

Latest LCD Criminal Conviction - Stephen Leung Of AUO Convicted On Retrial

Challenge To Alleged Restraints On Baseball And Hockey Programming Survive Motion To Dismiss And Advance To The Next Round Of...

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

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