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Antitrust & Trade Regulation Civil Procedure General Business

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

DOJ Toughens Antitrust Consent Decree Enforcement

by Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

Bumpy Landing Ends Competition Commissioner’s Privilege Claim

by Bennett Jones LLP on

A unique and expansive privilege asserted for many years by the Commissioner of Competition has come back down to Earth with a bumpy landing....more

Louisiana Supreme Court Upholds Expropriation of Commercial Venture

by Liskow & Lewis on

In a decision announced this week, the Louisiana Supreme Court ruled on the constitutionality and method of compensation for the expropriation by a governmental body of property owned by an ongoing commercial venture. In St....more

When A Claim Of Deception Turns On Promises

by Ellis & Winters LLP on

Businesses regularly make decisions based on forecasts of future market opportunities. When a business makes a bad guess, however, can N.C. Gen. Stat. § 75-1.1 come to its aid? What if the guess turned on statements by a...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Competition Newsletter January 2018

by Dentons on

The Court of Justice of the European Union confirms the sanction imposed on Telefónica and Portugal Telecom for a market-sharing clause as part of a concentration operation - By a ruling dated 13 December 2017, the Court...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Court Refuses to Certify Canadian Price-Fixing Case

by Bennett Jones LLP on

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewert v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Beware of Listing Phantom Prices: Ann Taylor Settles False Discount Class Action

by Bryan Cave on

Fashion retailer Ann Taylor has settled a false discounting class action in New York federal court alleging that prices at its outlet stores were listed as “marked down” from prices that never applied to the items. The named...more

Amendments to Australian Antitrust Regime Take Effect

by Jones Day on

The Situation: Australia has adopted a package of changes to its antitrust laws that are designed to give more power to its antitrust enforcement agency, the Australian Competition and Consumer Commission, and to increase...more

The World In U.S. Courts - Fall 2017

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria - The World in U.S. Courts: Fall 2017 - Foreign Sovereign Immunity Act (FSIA)/Political Question Doctrine....more

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

by Dorsey & Whitney LLP on

One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

European Court of Justice Deals Blow to Commitment Decisions

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more

Playing Chicken With Claims For Unfair Trade Practices

by Ellis & Winters LLP on

The past year has seen several notable decisions concerning how choice-of-law regimes can affect the viability of a claim for violation of N.C. Gen. Stat. § 75-1.1. Today’s post involves another case on this topic. In...more

Health Update - November 2017

Fraud and Abuse 2017: Understanding Trends and Avoiding Actions - Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding...more

FTC Announces $1.3 Million Settlement in Negative Option Case

by Kelley Drye & Warren LLP on

Last week, the FTC announced that an online lingerie company had agreed to return more than $1.3 million to customers who enrolled in a negative-option membership program offering discounts and other benefits....more

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

by Ellis & Winters LLP on

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section...more

EU Court annuls a 2014 European Commission merger clearance for insufficient reasoning

by White & Case LLP on

The EU General Court ("GC" or "Court") annulled a 2014 decision of the European Commission ("Commission") clearing the Liberty Global/Ziggo transaction for lack of appropriate reasoning. The GC found that the Commission...more

Supreme Court to Review Antitrust Suit Over AmEx Merchant Rules

by Bryan Cave on

The retail industry should have great interest in a case set to be decided the Supreme Court this term, the outcome of which will affect the terms and conditions of credit card acceptance for all merchants. The Supreme...more

Competition News - October 2017

by Dentons on

Prohibiting an authorized distributor from selling on a market place is not necessarily a hardcore restriction of competition - By a decree dated September 13, 2017, the French Supreme Court gave its support to brands...more

Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp. The case...more

Section 75-1.1 And Trial Evidence

by Ellis & Winters LLP on

When a claim for violation of N.C. Gen. Stat. § 75-1.1 goes to trial, what analytical framework governs the admissibility of evidence related to that claim? Today’s post studies a recent decision by Judge Louis A. Bledsoe,...more

Expedia targeted once again by the French

by Bryan Cave on

Following the French Economy Minister’s claim against Expedia in 2013, the Paris Court of Appeals, by decision dated 21 June 2017, heavily fined this Online Travel Agency (OTA), considering that certain provisions in the...more

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

by Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

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