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Antitrust Today

Federal Court Rings Down The Curtain On Baltimore-D.C. Rock Promoters’ Antitrust Case Against Live Nation

Posted  02/27/15
By Allison F. Sheedy A long-running antitrust battle of the bands between a Baltimore-D.C. area regional concert promoter and venue operator and the concert colossus Live Nation got the hook in the U.S. District Court of the District of Maryland last week when Judge J. Frederick Motz ruled that the plaintiffs had not presented evidence that Live Nation had violated the antitrust laws. Although the court found...

Supremes Nix Antitrust Immunity For Unsupervised State Boards In Dental Case

Posted  02/26/15
By Allison F. Sheedy The Supreme Court sided with the FTC yesterday in North Carolina State Board of Dental Examiners v. Federal Trade Commission, a much anticipated decision that sets limits on state-action immunity from federal antitrust laws. In a six-to-three decision authored by Justice Kennedy, the Court held that when a nonsovereign actor, such as a state regulatory board, is controlled by active market...

The Antitrust Week In Review

Posted  02/23/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. American Express Violated Antitrust Laws, Judge Rules.  In a 150-page opinion, Judge Nicholas G. Garaufis of the U. S. District Court for the Eastern District of New York ruled that American Express’s practice of prohibiting any merchant that accepts its cards from encouraging customers to pay with...

Sysco’s “Fix-it-First” Foray Fails To Forestall Food Fight With FTC

Posted  02/20/15
By Allison F. Sheedy The U.S. Federal Trade Commission announced yesterday that it is challenging the merger of the nation's two largest food distributors, US Foods, Inc. and Sysco Corporation. By a split vote, the FTC decided to file an administrative complaint and to authorize its staff  to go to federal court to seek a temporary restraining order and a preliminary injunction to prevent the parties from...

China’s Record $1 Billion Fine Against Qualcomm Could Signal A Tough New Antitrust Cop On The Block

Posted  02/17/15
A View from Constantine Cannon’s London Office By Yulia Tosheva and James Ashe-Taylor China’s imposition of a nearly $1 billion fine on Qualcomm, the world’s largest supplier of smartphone chips, is noteworthy not just because it is a record-breaking antitrust fine for China, but also because it serves as a warning for international companies that antitrust enforcement now spans the globe. As reported...

The Antitrust Week In Review

Posted  02/16/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. China Hits Qualcomm With Fine.  Qualcomm has agreed to pay a $975 million fine for violating China’s antimonopoly law.  As part of the deal, Qualcomm has also agreed to lower its royalty rates on patents used in China for high-speed wireless data, which will help smartphone makers in China. Expedia to...

FTC Convinces Ninth Circuit That Improved Patient Care Is No Cure For Anticompetitive Healthcare Merger

Posted  02/11/15
By Matthew L. Cantor The Federal Trade Commission (“FTC”) chalked up another victory against a healthcare merger yesterday as the U.S. Court of Appeals for the Ninth Circuit Court of Appeals affirmed the decision of the U.S. District Court for the District of Idaho blocking a merger between St. Luke’s Health System and a primary care physician (“PCP”) group in Nampa, Idaho. The appellate court’s...

European Antitrust Watchdogs Warn Of Uncertain Future For Pay-For-Delay Settlements

Posted  02/10/15
A View from Constantine Cannon’s London Office By Irene Fraile A recent lively discussion with European Commission competition officials indicates that antitrust enforcement is continuing to evolve to deal with the thorny issues raised by so-called “reverse-payment” or “pay-for-delay” patent litigation settlements designed to delay the sale of generic drugs. On January 29, 2015, Brussels Matters...

European Commission Fines London-Based Broker ICAP 14.9 Million Euros For Facilitating Yen Libor Cartels

Posted  02/9/15
A View from Constantine Cannon’s London Office By Yulia Tosheva and James Ashe-Taylor The European Commission (“EC”) has fined London-based ICAP, the world’s largest broker of interest-rate swaps, for facilitating bank cartels in the market for Yen-denominated interest rate derivatives. The EC already imposed heavy fines of 669 million euros on UBS, the Royal Bank of Scotland, Deutsche Bank, Citigroup...

The Antitrust Week in Review

Posted  02/8/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. Staples and Office Depot Say a Merger Will Keep Them Competitive.  Staples and Office Depot are hoping to convince antitrust regulators that their $6.3 billion merger should be approved because the office supply world’s a different place from what it was in 1997, when their previous attempt to combine...
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