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Europeans Checking MathWorks’ Competition Calculations In Software Market

Posted  03/7/12
The European Commission (the “EC”) has announced an investigation into whether The MathWorks, a U.S. software company, abused its dominant position by preventing competitor interoperability with its products. The EC is investigating whether MathWorks – a leading developer of mathematical computing software for engineers and scientists – violated Article 102 of the Treaty on the Functioning of the European...

Security Tag Plaintiffs Knock Down Specificity Challenge To Complaint

Posted  03/1/12
A federal judge in Ohio has ruled that the heightened pleading standard set by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly does not require plaintiffs to specify lost profits or to name the market participants injured by allegedly anticompetitive distribution agreements for the electronic security tags that merchants use to protect their merchandise. Judge John Adams rejected Checkpoint Systems...

Court Rejects Organ Transplant Drug Maker’s Challenge To Monopolization Claims

Posted  02/24/12
Judge Ryan Zobel of the U.S. District Court for the District of Massachusetts has denied the motion to dismiss filed in the consolidated class action of In re Prograf Antitrust Litigation by the defendant, organ transplant drug manufacturer Astellas Pharma US, Inc. Plaintiffs are direct purchasers of Prograf – a brand-name immunosuppressant drug that fights organ rejection following heart, kidney and liver...

Blowing The Whistle On Cartels

Posted  02/21/12
The question of whether U.S. antitrust enforcement should emulate foreign whistleblower rewards programs as part of a crackdown on cartels is analyzed in a recent article by a Constantine Cannon attorney: Making it Easier to Whistle While You Work. Cartel detection and prosecution are top priorities for the Antitrust Division of the U.S. Department of Justice (“Antitrust Division”) – regardless of which...

Vitamin C Plaintiffs Ward Off Challenges To Class Rep Status

Posted  02/17/12
Class representatives and their counsel in the Vitamin C Antitrust Litigation have won another initial round in their suit alleging that Chinese vitamin C manufacturers conspired to fix prices and to limit the output of vitamin C exported to the United States. Federal Judge Brian Cogan of the Eastern District of New York has rejected all but one of defendants’ arguments seeking disqualification of class...

Nation’s Largest Seafood Company On The Hook In Fisherman Antitrust Litigation

Posted  02/10/12
A federal judge in Oregon has certified a class of fishermen in an antitrust lawsuit against Pacific Seafood Group, the nation’s largest seafood company. The plaintiffs in Whaley et al. v. Pacific Seafood Group, et al. claim that defendants, Pacific Seafood and Ocean Gold Seafoods, Inc., used market shares of 50 to 70 percent to monopolize the Dungeness crab, Oregon coldwater shrimp, groundfish, and whiting...

Litigation Update: The Cisero’s Case Challenging Card Network Enforcement Mechanisms

Posted  02/8/12
CC Attorneys W. Stephen Cannon, Richard O. Levine
Paper presented by W. Stephen Cannon and Richard O. Levine. Hospitality Law Conference (Feb. 8, 2012) Download

European Commission Seeks Comments On A United Payments Of Europe

Posted  02/6/12
The European Commission, the executive branch of the European Union, is asking for comments about how to overcome obstacles to a modern, integrated card payments system across Europe. The European Commission is requesting these comments on its “green paper” assessing the current payment landscape in Europe.  This initiative covers all payments – including e-commerce and mobile payments – made with a credit...

South Korean Antitrust Enforcers Sets Sights On Intellectual Property

Posted  02/3/12
While many international businesses are used to navigating through the tricky shoals of United States antitrust enforcement and intellectual property (“IP”) law, they are now finding they need to navigate through South Korean regulation as well. As South Korean firms have become increasingly prominent players in the global technology marketplace, the Korean government has become an increasingly prominent player...

Brits Investigating Whether Concrete Markets Are Crushing Competition

Posted  02/1/12
The United Kingdom’s Office of Fair Trading (OFT) is calling in reinforcements to expand Great Britain’s investigation into whether competition is being blocked in the markets for concrete and its main ingredients, aggregate and cement. The OFT has referred Great Britain’s aggregates, cement, and ready-mix concrete markets to the U.K.’s Competition Commission, an independent body that conducts in-depth...
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