Antitrust and Competition Newsletter - October 2014 (Global)

Orrick, Herrington & Sutcliffe LLP
Contact

Top Story

Recent U.S. Criticism of China’s Enforcement of Its Antitrust Laws Against Foreign Companies
For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws against foreign companies. The past several months have seen a steady stream of criticism from the United States that in certain areas—notably, dominant firm conduct, intellectual property rights and mergers—China is selectively enforcing its antitrust laws outside of international norms in order to protect domestic industries. This article provides a brief overview of some of the comments and recommendations being offered to the Chinese government. Read more >>

Global Developments

Asia

NDRC Fines Zhejiang Insurance Association and 22 Insurance Companies for Price Fixing Under China’s Anti-Monopoly Law
On Sept. 2, 2014, China’s National Development and Reform Commission published 23 administrative penalty decisions made at the end of 2013 against the Insurance Association of Zhejiang Province and 22 insurance companies doing business in the same province, for a total of more than 110 million RMB (US$18 million). Read more >>

NDRC Fines Three Jilin Cement Companies 114 Million RMB for Price Fixing Under China’s Anti-Monopoly Law
On Sept. 9, 2014, China’s National Development and Reform Commission announced that it had instructed the Jilin Province Price Bureau to impose fines totaling 114 million RMB (US$19 million) on three cement companies for unlawful price fixing under the Anti-Monopoly Law. Read more >>

Hubei Price Bureau Fines FAW-Volkswagen and Audi Dealers for Price Fixing Under China’s Anti-Monopoly Law
On Sept. 11, 2014, Hubei Price Bureau announced that it recently imposed a fine of 249 million RMB (US$40 million) on FAW-Volkswagen Sales Company Ltd. and a fine of 30 million RMB (US$5 million) on eight Hubei Audi dealers for unlawful price fixing under the Anti-Monopoly Law. Read more >>

Europe

EC Imposes Fines of €138 Million on Smart Card Chips Cartel
On Sept. 3, 2014, the European Commission announced fines totaling €138 (US$ 174 million) on Infineon, Samsung, Renesas and Philips for breaching Article 101 of the Treaty on the Functioning of the European Union by coordinating their market behavior in the smart card chips sector. Read more >>

Zipper Maker YKK Wins Fine Reduction at EU’s Highest Court
On Sept. 4, 2014, the Court of Justice of the European Union rejected an appeal by the YKK Group against the judgment of the General Court that the European Commission had been correct in its decision relating to the fasteners cartel, in which YKK was found to have participated. Read more >>

CJEU Affirms Commission’s Decision Against MasterCard Interchange Fees
On Sept. 11, 2014, the Court of Justice of the European Union rejected MasterCard’s appeal against the General Court’s 2012 judgment that the European Commission had been correct in its assessment that MasterCard’s multilateral interchange fees breached Article 101(1) of the Treaty on the Functioning of the European Union. Read more >>

CJEU Narrows Scope of “By Object” Antitrust Infringements
On Sept. 11, 2014, the Court of Justice of the European Union upheld an appeal by Groupement des Carte Bancaires against a General Court judgment that had concluded that fees charged by GCB on the issuing of cards were anticompetitive and a breach of Article 101(1) of the Treaty on the Functioning of the European Union. Read more >>

Vestager Appointed as EU Competition Commissioner
On Sept. 10, 2014, the European Commission President-elect Jean-Claude Juncker nominated Margrethe Vestager, former deputy prime minister of Denmark, for the position of new EU Competition Commissioner. Read more >>

United States

9th Circuit: State Action Immunity Protects Convention Center from Exclusive Dealing Claim
In United National Maintenance, Inc. v. San Diego Convention Center, Inc., No. 12-56809, 2014 WL 2094545 (9th Cir. May 14, 2014), the 9th U.S. Circuit Court of Appeals held that the San Diego Convention center enjoyed state action immunity from antitrust claims brought by a supplier of cleaning services whose business was negatively impacted by the convention center’s decision to be the exclusive supplier of cleaning services. Read more >>

Federal Circuit Breathes New Life into Sham Claims Against Tyco
On Aug. 6, 2014, a split three-judge panel from U.S. Court of Appeals for the Federal Circuit restored two of Mutual Pharmaceutical Company Inc.’s antitrust counterclaims against Tyco Healthcare Group LP that stemmed from Tyco’s 2006 patent infringement suit against the company. Read more >>

U.S. District Court Rejects Proposed Settlement of High-Tech Employees Non-Solicitation Cases
On Aug. 8, 2014, Judge Lucy Koh of the U.S. District Court for the Northern District of California rejected the proposed settlement of a class action brought by employees of Silicon Valley technology companies alleging that the companies had entered into agreements not to solicit each other’s employees. Read more >>

U.S. District Court Rules that NCAA’s Rules Regarding Compensation for Student Athletes Violate the Sherman Act
On Aug. 8, 2014, Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a post-trial order that the National Collegiate Athletic Association violated Section 1 of the Sherman Antitrust by adopting rules that bar student-athletes from receiving a share of revenue that the NCAA and its member schools earn from the sale of licenses to use the student-athletes’ names, images and likeness. Read more >>

Is Cash King? Two District Courts Throw Out “Reverse Payment” Claims, But Highlight Confusion Over Applying FTC v. Actavis
In September 2014, two separate district courts dismissed claims against branded drug manufacturers stemming from pay-for-delay patent infringement settlements. Read more >>

FTC Updates Fred Meyer Guidelines Regarding Promotional Allowances
On Sept. 29, 2014, the U.S. Federal Trade Commission published revisions to its Guide for Advertising Allowances and Other Merchandising Payments and Services, commonly referred to as the “Fred Meyer Guidelines.” Read more >>

Trade Associations Agree to Eliminate "No Poaching" Code of Ethics Provisions Pursuant to FTC Consent Orders
On Aug. 22, 2014, the U.S. Federal Trade Commission announced it had reached two separate proposed consent orders with the National Association of Residential Property Managers, Inc. and the National Association of Teachers of Singing, Inc. Read more >>

Assistant Attorney General Bill Baer Warns Amnesty Applicants to Fulfill Their Obligations Under ACPERA
On Sept. 10, 2014, Assistant Attorney General Bill Baer spoke to the Global Antitrust Enforcement Symposium at Georgetown University on the topic of “Prosecuting Antitrust Crimes,” emphasizing the need for amnesty applicants to fulfill their obligations under the Antitrust Criminal Penalty Enhancement and Reform Act. 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
Contact
more
less

Orrick, Herrington & Sutcliffe LLP on:

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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.