Antitrust and Competition Newsletter - February 2014

by Orrick, Herrington & Sutcliffe LLP

Global Developments

United States

U.S. Supreme Court Holds That Parens Patriae Suits Are Not Removable to Federal Court as “Mass Actions” Under the Class Action Fairness Act
On Jan. 14, 2014, the U.S. Supreme Court held that a parens patriae antitrust suit filed in state court by Mississippi’s Attorney General seeking damages on behalf of the citizens of Mississippi was not removable to federal court under the Class Action Fairness Act of 2005. Read more >>

2nd Circuit Rejects DOJ’s “Continuing Conspiracy” Theory in Overturning Criminal Convictions Under the Sherman Act
On Dec. 9, 2013, a 2-1 panel of the 2nd U.S. Circuit Court of Appeals overturned the convictions of three former General Electric Co. officials, and placed a limit on the government’s use of the continuing conspiracy theory to avoid the applicable statute of limitations. Read more >>

6th Circuit Reverses Order Granting Summary Judgment Against Monopolization Claims, Holding That “Quick Look” Rather Than “Rule of Reason” Applied
On Jan. 3, 2014, the 6th U.S. Circuit Court of Appeals revived a price-fixing suit brought by milk retailers, reversing the district court’s grant of summary judgment in favor of defendants. Read more >>

DOJ Prevails in Trial Challenging Bazaarvoice’s Consummated Acquisition of PowerReviews
On Jan. 8, 2014, Judge William Orrick of the U.S. District Court for the Northern District of California, issued an order after a three-week trial ruling that Bazaarvoice, a provider of Ratings and Reviews platforms to companies involved in online commerce, violated Section 7 of the Clayton Act, 15 U.S.C. § 18, when it acquired its primary competitor, PowerReviews. Read more >>

District Court Rules That FTAIA Bars a U.S. Manufacturer’s Price-Fixing Claims Based on Its Foreign Affiliates’ Purchases of Price-Fixed Goods From a Foreign Manufacturer
On Jan. 23, 2014, Judge Joan B. Gottschall of the U.S. District Court for the Northern District of Illinois, ruled that Motorola’s price-fixing claims based on purchases that its non-U.S. affiliates made from non-U.S. defendants were barred under the Foreign Trade Antitrust Improvement Act. Read more >>

District Court Denies Motion to Dismiss Section 1 and Section 2 Claims Brought by PAE Against Patent Aggregator That Refused to License PAE’s Patents
In one of the latest battles at the nexus between antitrust and patent law, on Dec. 3, 2013, Judge Yvonne Gonzalez Rogers in the U.S. District Court for the Northern District of California allowed antitrust claims by Cascades Computer Innovation LLC to proceed against RPX Corp. and a number of Android device manufacturers. Read more >>

FTC Enters Into Proposed Settlements Curbing Anticompetitive Behavior in Two Trade Associations
On Dec. 16, 2013, the U.S. Federal Trade Commission announced that it had reached proposed settlements with two professional associations to eliminate provisions in their codes of ethics that purportedly limited competition among their members. Read more >>

FTC Establishes New Thresholds for Reporting Mergers and Acquisitions Under Hart-Scott-Rodino Act
On Jan. 23, 2014, the U.S. Federal Trade Commission announced new Hart-Scott-Rodino filing thresholds for mergers and acquisitions. Read more >>


Commission Fines Johnson & Johnson and Novartis €16 Million for Reverse Payment Regarding Generic Painkiller
On Dec. 10, 2013, the European Commission announced fines of €10.8 million ($14.7 million) imposed on Johnson & Johnson and €5.5 million ($7.5 million) on Novartis for colluding to postpone the entry of a generic version of pain relief drug fentanyl into the Dutch market. Read more >>

Commission Accepts Commitments From Deutsche Bahn to Address Margin-Squeeze Concerns
On Dec. 18, 2013, the European Commission announced that it accepted binding commitments from Deutsche Bahn to resolve concerns that its pricing system for traction current (the electricity used to power trains) in Germany favored DB-owned entities over competitors. Read more >>

DGComp’s Alexander Italianer Speaks on Commitments
On Dec. 11, 2013, in a speech delivered at the CRA Competition Conference in Brussels, Alexander Italianer, the European Commission’s Director-General for Competition, clarified the Commission’s approach in the negotiation of commitments. Read more >>

UK Chancellor Pledges to Increase Funding for Competition and Markets Authority in Autumn Statement
On Dec. 5, 2013, the Chancellor of the Exchequer delivered the UK’s annual Autumn Statement for 2013. Included in the announcement were plans to increase the funding for the new Competition and Markets Authority for 2014-2015. Read more >>

CMA Publishes Draft Prioritisation Principles
On Jan. 22, 2014, the UK Competition and Markets Authority published its draft Prioritisation Principles and Annual Plan for 2014/15. Read more >>


Guangdong AIC Imposes Penalties on Huizhou Daya Bay Yiyuan Purified Water for Abuse of Dominance
On Dec. 16, 2013, the Guangdong provincial Administration for Industry and Commerce issued a Written Decision of Administrative Penalty to penalize Huizhou Daya Bay Yiyuan Purified Water for abuse of dominance through bundled sales. Read more >>

Shaanxi High People’s Court Rules That Bundled Sales of Cable TV Services Does Not Violate Antimonopoly Law
The Shaanxi High People’s Court has formally issued its Sept. 12, 2013 verdict overturning the first instance judgment of a Xi’an Intermediate People’s Court ruling that Shaanxi Broadcast and TV Network Media’s sales of its cable TV services to a consumer did not constitute bundled sales in violation of the Antimonopoly Law of the People’s Republic of China. Read more >>

SAC, SIPO Publish Interim Rules on National Standards Involving Patents
On Dec. 19, 2013, the Standardization Administration of China and State Intellectual Property Office published the Administrative Regulation on National Standards Involving Patents-Interim, which concerns the formulation and implementation of national standards involving patents. Read more >>

Japan Fair Trade Commission Sends Advance Notice of Fines and Cease and Desist Orders to Marine Transport Companies
On Jan. 9, 2014, three marine transport companies individually announced that the Japan Fair Trade Commission has sent them an advance notice of a surcharge payment order and a cease and desist order, in connection with the agency’s investigation into alleged price-fixing on automobile shipments from Japan to North America and Europe. Read more >>

Korea Fair Trade Commission Fines Korean Subsidiaries of Auto Parts Manufacturers for Bid Rigging
On Dec. 23, 2013, the Korea Fair Trade Commission announced that it imposed fines on foreign auto parts manufacturers and their Korean subsidiaries, in aggregate amounts of 114.6 billion Korean won ($109.1 million), for fixing prices on windshield wipers and instrument panel clusters. Read more >>

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:

Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.