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Antitrust & Trade Regulation General Business Intellectual Property

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

Sharing Competitively Sensitive Information Can Pose Antitrust Risks

by Epstein Becker & Green on

The sharing of confidential and proprietary information among competitors and potential competitors (even during due diligence) can raise serious antitrust concerns. In particular, parties must avoid exchanging information...more

The World in U.S. Courts - Winter 2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

ITC Reiterates the Importance of Quantitative Evidence to Establish a Domestic Industry

by Knobbe Martens on

International Trade Commission - On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

DOJ to Announce Criminal Enforcement Actions for “No-Poach” Agreements

by Seyfarth Shaw LLP on

Seyfarth Synopsis:  Criminal prosecution of “no-poaching/no-hire” agreements appears imminent.  Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements....more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day on

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

Antitrust Matters - November 2017

by DLA Piper on

We observe today an increasingly politicized discussion of antitrust issues. Antitrust law and policy are back in the media, they are the subject of non- technical political debates. The Economist writes about it regularly....more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

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

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

by Jones Day on

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

EU Retail News - September 2017

by Bryan Cave on

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more


by BakerHostetler on

Abbott Nutrition did something unique. It added a new ingredient to its Similac Pro-Advance and Pro-Sensitive infant formulas that, until now, had only been available in human breast milk: 2’-fucosyllactose human milk...more

ITC Issues Limited Exclusion Order of Diebold ATMs Following Finding of Patent Infringement

by Knobbe Martens on

Patent Judgments and Awards - On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

by Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Double Dipping Allowed in Domestic Industry Allocation

by Jones Day on

The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more

ITC Issues Public Commission Opinion Clarifying Methodology for Allocating Domestic Industry Expenses and Issuing Exclusion Order...

On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more

EU Retail News - June 2017

by Bryan Cave on

2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more

European Commission Sets its Sights on Allegedly Excessive Drug Prices

by Jones Day on

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more

3 Reasons Every Company Should Have a Business Transfer Clause in its Privacy Policy

Customer data is an extremely valuable business asset. It influences how companies communicate with customers, understand purchasing preferences, track time spent interacting with the brand, and identify habits and trends...more

5 Measures International Auto Companies Can Take to Avoid Being Named in an ITC Complaint

by Foley & Lardner LLP on

The Automotive Industry is international. That’s no secret. It crosses continents in its industry shows and its proud place in furious pop-culture films. More practically, many companies that operate within the industry have...more

France Becomes an Attractive Forum for Antitrust Follow-On Damages Claims

by Reed Smith on

Companies often associate competition rules with public enforcement. However, competition law can also be a source of compensation. The new French Order and Decree, which together implement Directive 2014/104/EU on actions...more

The Future of “Single Use Restrictions” in Jeopardy

by Knobbe Martens on

In 1992, the United States Court of Appeals for the Federal Circuit held that manufacturers of patented medical devices can use the patent laws to enforce single-use restrictions on medical devices. Mallinckrodt, Inc. v....more

DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

by Miller Canfield on

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in...more

Are Your Consumer Contracts Being Invalidated By The Consumer Review Fairness Act?

On March 14, 2017, the Consumer Review Fairness Act (CRFA) will officially invalidate a whole bunch of consumer contract clauses that pertain to online reviews....more

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