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Antitrust Today

Apple May Be Planting Seeds Of Doubt In Appellate Challenge Of Antitrust Monitor

Posted  01/22/14
By Allison F. Sheedy Apple’s aggressive challenge to an external compliance monitor’s investigation into Apple’s antitrust compliance policies may be planting seeds of doubt that Apple hopes will bear fruit in its appeal of Judge Denise Cote’s in United States v. Apple, Inc. that Apple conspired to raise e-book prices. Apple is charging that the court-appointed monitor has unreasonably demanded...

DOJ’s Thumbs Down Scuttles Completed Merger Of Online Ratings And Review Companies

Posted  01/14/14
By Marlene Koury Last week’s victory of the U.S. Department of Justice (the “DOJ”) in its challenge to a consummated merger in U.S. v. Bazaarvoice Inc. shows that dominant companies that assume they are free to gobble up their main competitors if such consolidations do not meet the thresholds for reporting under the Hart-Scott-Rodino Act (“HSR”) may be in for some rude awakenings. While the DOJ has not...

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

Posted  01/13/14
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?

Posted  12/23/13
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

Posted  12/17/13
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

Posted  12/12/13
By Jeffrey I. Shinder
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

Posted  12/11/13
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

Posted  12/6/13
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

Posted  12/5/13
 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

Posted  12/4/13
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...
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