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Sixth Circuit Revives Carpet Wars

Posted  07/12/11
The U.S. Court of Appeals for the Sixth Circuit has revived an antitrust suit brought by carpet dealer Watson Carpet & Floor Covering, Inc. alleging rival dealer Carpet Den Inc. and supplier Mohawk Industries Inc. conspired against Watson to harm its business. In Watson Carpet & Floor Covering, Inc. v. Mohawk Industries Inc. et al., No. 09-6140, the Sixth Circuit reversed the lower court’s ruling that Watson had...

FTC and DOJ Set to Ink Landmark Agreement with Chinese Counterparts

Posted  07/8/11
The U.S. Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) plan to sign a memorandum of understanding with China’s three antitrust enforcement agencies, signaling the first formal pact of cooperation between U.S. and Chinese regulators. This deal comes on the heels of China’s sweeping antitrust reform, a policy it developed with advice from foreign agencies like the FTC.  The growing...

Huntsman Settles Polyurethane Price-Fixing Case

Posted  07/7/11
Huntsman International LLC, a subsidiary of the chemical giant Huntsman Corp., has agreed to pay $33 million to settle a class action suit alleging anticompetitive practices. The direct purchaser plaintiffs claim that five major chemical companies, BASF, Dow Chemical, Bayer, LyondellBasell, and Huntsman, colluded to fix the price of feedstock used to make polyurethane foam.  They point to repeated instances of...

Feds Update Merger Remedies Handbook

Posted  07/1/11
The Antitrust Division of the U.S. Department of Justice has updated its Policy Guide to Merger Remedies. In a press release, the Antitrust Division stated that the updated Policy Guide takes into account new merger dynamics that have surfaced since the issuance of the original guide in 2004, particularly the rise of transnational mergers and complex vertical transactions. The Antitrust Division uses the policy...

U.S. v. Microsoft Was A Decade-Long Education On Antitrust In The New Economy

Posted  06/29/11
The end of the decade-long federal court supervision of Microsoft’s licensing practices last month provides an opportunity to reflect on the impact that case has had.  A lasting legacy of the U.S. v. Microsoft case is that monopolists in dynamic and rapidly changing high-tech industries do not receive special treatment under the Sherman Act.  There is no presumption that high market shares will be counteracted by...

Microsoft Clears Regulatory Hurdle For Skype Acquisition

Posted  06/27/11
The Federal Trade Commission (“FTC”) has approved Microsoft’s $8.5 billion purchase of Internet telephone giant Skype. Opponents of the deal have pointed to several aspects of Microsoft’s purchase of Skype that they claimed would negatively impact competition.  They expressed concern about greater horizontal integration because Microsoft already offers a similar service through its Windows Live product. ...

The Impact of Dukes on Antitrust Class Actions

Posted  06/24/11
CC Attorney Ankur Kapoor
Competition Law360 (June 24, 2011) download PDF

Feds Eyeing Bids In Historic High-Tech Auction

Posted  06/22/11
Antitrust concerns are causing the U.S. Department of Justice to eye an unprecedented auction of a mother lode of digital-communication technology warily. Bankrupt telecom equipment maker Nortel Networks plans to auction off a treasure trove of more than 6,000 high-tech patents next week.  The patents cover vital parts of the new 4G LTE wireless protocol, wireless video, Wi-Fi, and many other wired and wireless...

Feds Open Antitrust Inquiry Of Airlines And Ticket Distributers

Posted  06/20/11
The Antitrust Division of the U.S. Department of Justice is investigating whether third-party sellers of airline tickets have violated antitrust law The federal investigation opens a new front in the legal battles involving several U.S. airlines and the companies that aggregate and distribute flight and booking – the practices known as global distribution systems (“GDSs”).  GDSs serve as intermediaries...

Supremes Raise Hurdle For Invalidating Patents And For Antitrust Counterclaims

Posted  06/17/11
Antitrust counterclaims are going to be more difficult to prove in patent cases as a result of the Supreme Court’s recent ruling that all court challenges to the validity of a patent must be proved by clear and convincing evidence. In Microsoft v. i4i Partnership, the Court held that although the Patent Act is silent on the standard of review that courts should apply to patent defenses based on invalidity, the...
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