News & Analysis as of

Affirmative Defenses Antitrust Violations

Foley Hoag LLP - Energy & Climate Counsel

District of Massachusetts Reaffirms Broad Defense of Filed Rate Doctrine

An important legal doctrine for companies that buy and sell in regulated markets is the “filed rate” doctrine, which limits legal challenges to rates determined by regulators such as the Federal Energy Regulatory Commission...more

Proskauer - Minding Your Business

New York Rejects Antitrust Defense To Breach Of Distribution Contract

Your client is sued for failure to pay on a contract and says it shouldn’t have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a “bundle” of services or distribution channels even...more

McDermott Will & Emery

Price Tag for Patent Invalidity Ruling in Inequitable Conduct Case is $26 Million - TransWeb, LLC v. 3M Innovative Properties Co.

McDermott Will & Emery on

Affirming a ruling of invalidity and an antitrust damages award of trebled attorneys’ fees in a patent abuse case, the US Court of Appeals for the Federal Circuit highlighted the severe penalties that may befall patent owners...more

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