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Antitrust Insights and Analysis

Federal Court Agrees with FTC in Ruling Qualcomm Must License Standard-Essential Patents to Competitors

Posted  11/9/18
By David Golden
The Federal Trade Commission won a key ruling against Qualcomm in federal court on Tuesday that could herald greater limits on tech companies’ ability to unilaterally dictate how they license their standard-essential patents. Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled that Qualcomm must license its standard-essential patents (“SEPs”) for 4G/LTE baseband chips to...

North American Soccer League Misses Shot Seeking Preliminary Injunction, But Appeals the Ruling

Posted  11/16/17
By David Scupp The North American Soccer League (“NASL”) lost an important preliminary match in court last week when the United States District Court for the Eastern District of New York denied the league’s motion for a preliminary injunction that would have ordered the United States Soccer Federation (“USSF”) to designate the NASL as a “Division II” professional soccer league. NASL has appealed the...

Seventh Circuit Strikes Down Injunction, Finding No Duty to Deal in Big Data

Posted  11/14/17
By Margaux Poueymirou Big Data may be revolutionizing companies’ processing of information, but legal disputes over such data management still have to navigate through the shoals of settled antirust principles. At least that’s the message of last week’s decision by the U.S. Court of Appeals for the Seventh Circuit vacating a preliminary injunction that required two companies, CDK Global, LLC (“CDK”) and...

Big Data Companies Likely To Come Under Increased Antitrust Scrutiny

Posted  08/22/17
By Elizabeth Taras Big data companies may become increasingly embroiled in antitrust litigation if last week’s decision by Judge Edward M. Chen of the U.S. District Court for the Northern District of California, granting hiQ Labs, Inc. a preliminary injunction against LinkedIn Corp., is any omen. The injunction that the court granted in the case of hiQ Labs, Inc. v. LinkedIn Corp. prohibits LinkedIn from...

EU Launches Three Antitrust Investigations Into E-Commerce

Posted  02/7/17
A View from Constantine Cannon’s London Office By Richard Pike and Yulia Tosheva On Thursday, the EU Commission launched three separate investigations into suspected anticompetitive practices in the online sales of consumer electronics, video games and hotel accommodation. The launch of these investigations does not come as a surprise.  On September 15, 2016, the Commission published a Preliminary...

New York Attorney General Scores For NFL Fans With NFL Agreement To Drop Mandatory Price Floor On Ticket Resales

Posted  11/17/16
By James J. Kovacs New York Attorney General Eric T. Schneiderman has announced a multi-state settlement with the National Football League (“NFL”) eliminating the NFL’s league-wide usage of a “mandatory price floor” in the secondary ticket market. NFL rules had required all 32 teams to impose a mandatory price floor on secondary market ticket sales, not only on the NFL-owned Ticket Exchange website,...

Ninth Circuit Ruling Could Curtail FTC Enforcement For Businesses With Exempt Operations

Posted  09/14/16
By David Golden The jurisdiction of the Federal Trade Commission could be significantly curtailed under the decision issued by the U.S. Court of Appeals for the Ninth Circuit in AT&T Mobility, Inc. v FTC. Reversing the lower court, the Ninth Circuit found that the FTC did not have authority to bring an enforcement action against AT&T Mobility for inadequate disclosures to its subscribers regarding data...

Department of Justice Moves Mega Beer Merger One Round Closer

Posted  07/22/16
By Matthew Vaccaro U.S. Department of Justice (“DOJ”) antitrust officials have approved Anheuser-Busch InBev’s (“ABI”) $107 billion takeover of SABMiller, on condition that ABI divest substantial assets, agree to prohibitions of certain distribution practices, and submit to ongoing agency oversight of ABI’s future acquisitions of distributors and craft brewers. If approved by the U.S. District Court...

Health Plan Members Convince Ninth Circuit to Revive Antitrust Class Action Against Dominant Northern California Healthcare Provider Sutter Health

Posted  07/18/16
By Rosa M. Morales An antitrust class action challenging the dominance of healthcare provider Sutter Health in Northern California received a new lease on life Friday as the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs’ geographic market allegations were sufficiently detailed and plausible to survive a motion to dismiss. In Djeneba Sidibe, et al. v. Sutter Health, No. 14-16234 (9th Cir....

Consumer Financial Protection Bureau’s Far-Reaching Proposed Rule Would Free Consumers From Class Action Bans In Mandatory Arbitration Clauses

Posted  07/15/16
By James J. Kovacs Consumer lawsuits got a big boost on May 3, 2016, when the Consumer Financial Protection Bureau (“CFPB”) published its long-awaited proposed rule to prohibit class action bans in mandatory arbitration clauses. Mandatory pre-dispute arbitration clauses require plaintiffs to seek remedial relief before an arbitrator instead of a state or federal court. If adopted, the CFPB’s proposed rule...

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