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Antitrust Today

Regulators Prescribing Higher Dose Of Pharmaceutical Antitrust Enforcement

Posted  09/18/14
By Ankur Kapoor Antitrust enforcers returned to their offices after Labor Day, refreshed and ready to tackle what they view to be anticompetitive practices by pharmaceutical companies to delay entry of lower-priced generic drugs. In addition to recent enforcement efforts by antitrust regulators, two federal courts have issued opinions supporting the theory underlying the enforcers’ new efforts to police...

European Commission Slaps Smart Card Chips Cartel With Fines

Posted  09/9/14
A View from Constantine Cannon’s London Office By Irene Fraile The European Commission has imposed fines totaling 138 million euros on smart card chips producers Infineon, Philips and Samsung for breaching European Union antitrust laws that prohibit cartels. According to the Commission, from September 2003 to September 2005, the companies engaged in a cartel to restrain competition relating to the smart...

Credit Default Swap Class Action Clears Motions To Dismiss And Proceeds To Discovery

Posted  09/8/14
By David Golden On Thursday, Judge Denise Cote of the U.S. District Court for the Southern District of New York refused to dismiss a class-action antitrust lawsuit involving the $21 trillion credit default swap (“CDS”) market, permitting the case to proceed to discovery. The plaintiffs in In re Credit Default Swaps Antitrust Litigation allege that some of the largest investment banks in the United States –...

MFNs Becoming A Battleground In FCC’s Review Of Comcast/Time Warner Deal

Posted  09/4/14
By Allison F. Sheedy The biggest regulatory review of the year—the Federal Communications Commission’s examination of Comcast Corp.’s proposed acquisition of Time Warner, Inc.—has taken an interesting foray into analyzing competitive tactics, with the FCC’s invitation to media companies to confidentially raise concerns about Comcast’s use of most favored nation (“MFN”) provisions in its contracts to...

NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition

Posted  08/13/14
By Jeffrey Shinder and David Scupp Although competition scored a win on Friday in the student athletes’ antitrust suit led by former UCLA basketball player Ed O'Bannon against the NCAA, it wasn’t a complete blowout. Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a that permanently enjoins the NCAA from enforcing its blanket restriction on FBS...

Federal Court Denies Class Certification In Intel Antitrust Litigation

Posted  08/7/14
By David Golden Plaintiffs in the long-running In re Intel Corporation Microprocessor Antitrust Litigation class action have suffered a major setback with last week’s by the U.S. District Court for the District of Delaware. The lawsuit, filed in 2005, alleges that Intel illegally excluded its major rival, Advanced Micro Devices (commonly referred to as “AMD”), from the U.S....

China Ramps Up Antitrust Enforcement With Second Round Of Raids Of Microsoft Today 

Posted  08/6/14
Why you should take notice if you do business in China By Aymeric Dumas-Eymard Almost six years to the day after China began enforcing its Antimonopoly Law (“AML”), China’s antitrust authorities are marking the anniversary with a bang as they followed up last week’s raids of U.S. software giant Microsoft with a second round of raids today. China’s antitrust regulator the State Administration for...

Massachusetts Court Hosts Debate On Whether Partners HealthCare Merger Settlement Will Affect The Common Health Of The Commonwealth

Posted  08/4/14
By Daniel Vitelli
A Massachusetts state court has extended the time for a contentious debate on that the Massachusetts State Attorney General says will help hold down medical expenses, and critics say will result in greater market power for the state’s largest health care system. Attorney General Martha Coakley is asking Suffolk Superior Court Judge Janet L. Sanders to approve a consent judgment...

In re Student Athlete Name and Likeness Litigation – Recap Of The First Week Of Trial

Posted  06/16/14
By David Scupp The participants in the highly anticipated, and potentially transformative, antitrust trial In re Student Athlete Name and Likeness Licensing Litigation spent their first week of trial grappling with the myths and realities of college athletics. Plaintiffs, led by former UCLA basketball star Ed O’Bannon, challenge the NCAA’s rules denying compensation to college athletes for use of their name...

EU General Court Upholds Record 1.06 Billion Euro Antitrust Fine Against Intel

Posted  06/16/14
A View from Constantine Cannon’s London Office By Irene Fraile The General Court of the European Union has dismissed Intel’s appeal of the European Commission´s decision fining the computer chip manufacturer a record 1.06 billion euros for breaching EU competition law. The European Commission imposed the fine on Intel in May 2009, after finding that Intel abused its dominant position in the x86 CPU...
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