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Antitrust Provisions Jurisdiction

Fish & Richardson

Key Insights From the UPC’s First SEP

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In November 2024, the Local Division (LD) Mannheim of the Unified Patent Court (UPC) issued the UPC’s first-ever substantive decision on standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND)...more

Troutman Pepper Locke

California's Ban on Reverse Payment Settlements Partially Survives After a Five-Year Battle

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As state legislatures introduce legislation expanding the reach of their antitrust laws and state attorneys general ramp up their use of antitrust investigations and litigation, the legal landscape continues to become more...more

Axinn, Veltrop & Harkrider LLP

Will the Supreme Court Upend the Jurisdictional Landscape?

Many defendants with no connection to the jurisdiction in which they are sued may assert a personal jurisdiction defense to avoid defending against claims in far-flung courts. In cases brought under state law, this defense is...more

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

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The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more

Foley & Lardner LLP

Master of Its Choice of Forum?

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On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily amending its complaint to leave only state...more

Ankura

Natural Gas Restrictions in the U.S.: Examining the State of Play, Policy Objectives, Legal Developments, and Antitrust...

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In recent years, local governments have imposed restrictions or outright bans on the use of natural gas in residential and some commercial buildings, mostly affecting new construction and grandfathering existing buildings....more

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

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2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

Mintz - Antitrust Viewpoints

FTC Chair Lina Khan: No AI Exemptions — AI: The Washington Report

Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. The accelerating advances in artificial intelligence (“AI”) and the practical,...more

Holland & Knight LLP

Offering of Warranties in Colombia: A Guide by the Superintendence of Industry and Commerce

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The Superintendence of Industry and Commerce (SIC), the national authority in charge of protecting and guaranteeing free and fair economic competition in Colombia, issued this current year the Offering of Warranties Guide...more

Hogan Lovells

SAMR delegates merger review powers

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Yesterday, on 29 August 2022, clearance for the FAW/Refire joint venture transaction was announced on one of the websites of the Chinese antitrust authority – i.e., the State Administration for Market Regulation. That...more

A&O Shearman

CMA Merger Control Jurisdiction to be Expanded Further

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The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the...more

Morgan Lewis

The Impact of Brexit on UK Competition Law Cases

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Following Brexit, EU competition law continued to apply in the United Kingdom until 31 December 2020 as part of an agreed Transition Period. In this LawFlash, we summarise how the end of the Transition Period is likely to...more

Sheppard Mullin Richter & Hampton LLP

Navigating Dangerous Shoals: The Murky but Critical Territorial Boundaries of U.S. Antitrust Jurisdiction

Virtually all significant antitrust cases these days have an international component. Markets now are worldwide. Consequently, one of the most frequently litigated—and most important issues—is the extent of U.S. jurisdiction....more

Latham & Watkins LLP

Protect Your Antitrust Privilege — Why M&A Dealmakers Must Take a Strategic Approach to Privilege

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Companies must mitigate risks to antitrust privilege posed by cross-border megadeals and increased regulatory demand for documentation. A strong M&A market has driven a high volume of megadeals across the globe in recent...more

Orrick, Herrington & Sutcliffe LLP

[Webinar] How Foreign Companies with U.S. Subs Can Win Dismissals from U.S. Litigation: Underused Defenses Based on...

Non-U.S. companies are routinely sued in the U.S. over disputes principally or exclusively involving their U.S. subsidiaries. In many instances, these non-U.S. companies should not even have their cases litigated in U.S....more

WilmerHale

Federal Circuit Patent Updates - June 2018

WilmerHale on

Impax Laboratories Inc. v. Lannett Holdings Inc. (No. 2017-2020, 6/28/18) (Lourie, Dyk, Taranto) - Lourie, J. Affirming judgment of no invalidity for claims related to nasal spray for treatment of migraine....more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review Regarding Question of the Reach of the Antitrust Laws to Foreign Price-Fixing Agreements

In response to petitions presented to the United States Supreme Court for review of two rulings by the Ninth and Seventh Circuit Courts of Appeals, the United States Supreme Court denied cert earlier this week regarding the...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics

Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to resolve a closely watched...more

Patterson Belknap Webb & Tyler LLP

AU Optronics Files Petition for Certiorari with SCOTUS

AU Optronics Corp. (“AUO”) filed a petition for a writ of certiori in Hui Hsiung, et al. v. United States of America on March 16, 2015, seeking Supreme Court review of the Ninth Circuit’s 2014 decision that upheld the...more

McDermott Will & Emery

Supreme Court Asked to Clarify the Reach of U.S. Antitrust Laws to Foreign Conduct

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On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which...more

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