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Supreme Court May Decide Future Of More Than Just Television Reception In Aereo Case

By Seth D. Greenstein On Friday, the Supreme Court in American Broadcasting Companies v. Aereo, Inc. (“Aereo”), the case that is now slated to decide the question of whether a company “publicly performs” a copyrighted television program by providing consumers a technology to receive and record a broadcast of that program via antenna and then transmit that recording to themselves over the...

Is the Apple Monitor Roving Far Afield?

By Ankur Kapoor In the latest skirmish in the e-books case of United States v. Apple, Inc., Apple has accused the external compliance monitor appointed by the court of conducting a “roving” and “unfettered” investigation into Apple’s business practices, including seeking to interview lead designer Jony Ive and board member and former Vice President Al Gore. Apple is now the U.S. District Court...

Court Closes The Book On Bookhouse Antitrust Claims Against Amazon And Publishers

By Allison F. Sheedy The U.S. District Court for the Southern District of New York has dismissed antitrust claims against Amazon and the six largest book publishers related to the publishers’ contracts with Amazon for the distribution of e-books requiring the use of digital rights management software (“DRM”) in The Bookhouse...

Patent Troll Survives Slings And Arrows Of Motion To Dismiss Antitrust Claims

By Jeffrey I. Shinder As Congress contemplates passing comprehensive legislation to deal with patent trolls, an intriguing antitrust case involving a defensive patent aggregator—an entity created to deal with such trolls—will proceed in federal court in San Francisco. The case, in the U.S. District Court for the Northern District of California, was brought...

Rough Regulatory Waters May Rock Massive Shipping Alliance

By Jeffrey I. Shinder The proposed P3 shipping alliance among the world’s three biggest container shipping companies encountered more rough seas this past week. The U.S. Federal Maritime Commission (“FMC”) additional information from the parties.  This request will delay the implementation of the proposed alliance because, after the parties comply with the request, a new 45-day regulatory...

Microsoft No Longer Has An X On The Back Of Its Box For Antitrust Enforcers

By Jean Kim The European Commission (the “EC”), as expected, Microsoft’s proposed acquisition of Nokia’s handset devices business, demonstrating that antitrust enforcers no longer view the operating system Goliath of the 1990s as a tempting target. The European approval was the last remaining regulatory hurdle for the parties to go forward with the $7.2 billion acquisition.  The FTC ...

Europeans Evolving Toward More Plaintiff-Friendly Private Damages Action Rules

 A View from Constantine Cannon’s London Office By James Ashe-Taylor and Julia Schaefer The governing institutions of the European Union are moving ahead with proposals that could enable consumers and businesses victimized by antitrust violations to have a better chance at recovering damages from cartel members. Earlier this week, ministers from all 28 member states of the EU

Whistle-Blowing Banks Escape Record Fines EU Imposes In Rate-Fixing Investigation

By Gary J. Malone The record fines as part of its settlement with eight global financial institutions for fixing benchmark interest rates highlight both the risks of collusion and the rewards of coming clean. Although the EU fined the group of financial institutions a record total of 1.7 billion euros (about $2.3 billion), two of the participants in the cartels—UBS and...

Cargo Shipping Companies’ Price Signaling Could Run Aground In EU Probe

By Jeffrey I. Shinder The steady stream of cartel investigations and lawsuits on both sides of the Atlantic in recent months highlights the need for vigilant antitrust enforcement to protect consumer welfare, despite the views of those, like the Wall Street Journal editorial page, who question the wisdom of antitrust law. These alleged cartels range from the apparently venal manipulations of the financial...

DOJ Allows American Airlines-US Airways Merger To Leave The Gate, But Will The Judge Clear It For Takeoff?

By Jeffrey I. Shinder and Ankur Kapoor

On November 20, 2013, U.S. District Judge Colleen Kollar-Kotelly set the stage for judicial review of the settlement that the U.S. Department of Justice (“DOJ”) has reached to resolve its challenge of the proposed merger of American Airlines and US Airways.

The court’s order sets the schedule for the Tunney Act procedure, which is the congressionally mandated judicial...