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Google Agrees To Search Engine Makeover To Settle European Antitrust Case

Posted  02/11/14
A View from Constantine Cannon’s London Office By Michael Petrides The announcement by the European Commission on February 5, 2014, that it has received a set of “improved commitments” from Google in their stand-off over the Internet giant’s search engine practices signals not only the beginning of the end of a four-year antitrust battle, but also a new chapter in online search and search...

Umbrella Liability For Price Fixing: Does The Forecast Call For More Damages In The EU And U.S.?

Posted  02/10/14
A View from Constantine Cannon’s London Office By Irene Fraile and Ankur Kapoor The European Union may be on the verge of embracing “umbrella liability”—a theory of liability that would significantly increase the exposure of members of anticompetitive cartels. The European Court of Justice is being urged by one of its advocates general to hold that, under EU law, victims of cartels can seek damages...

Apple Commences On Rocky Road In Appellate Challenge Of Antitrust Monitor

Posted  02/5/14
By Allison F. Sheedy Apple is finding this week that its appellate challenge to a court-appointed antitrust monitor is going to be a tough sell in the U.S. Court of Appeals for the Second Circuit. Apple is asking the Second Circuit to stay the monitorship while it appeals both Judge Denise Cote’s decision in United States v. Apple, Inc. that Apple conspired to raise e-book prices and her subsequent decision to...

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 decision 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 granted certiorari 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 moving 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 of Stuyvesant Plaza, Inc. et al. v. Amazon.com, Inc. et al. 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, Cascades Computer Innovation LLC v. RPX Corporation 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”) has requested 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...
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