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The Antitrust Week In Review

Posted  04/10/17
Here are some of the developments in antitrust news this past week that we found interesting and are following. Qualcomm, NXP receive antitrust approval.  Smartphone chipmaker Qualcomm Inc has received approval from U.S. antitrust regulators for its proposed $47 billion acquisition of NXP Semiconductors NV, Qualcomm said in a statement on Tuesday.  The waiting period required for companies under the Hart-Scott-Rodino Antitrust Improvements Act has expired, the company said.  Additionally,...

The Antitrust Week In Review

Posted  03/13/17
Here are some of the developments in antitrust news this past week that we found interesting and are following. Google foe takes Android complaint to regulators.  Open Internet Project, whose members include Axel Springer and Getty Images, on Tuesday accused Alphabet unit Google of imposing anti-competitive curbs on Android smartphone makers, its second complaint against the U.S. tech giant.  The group, which lodged a complaint about Google's comparison shopping service...

Third Circuit Shows No Love For Lovenox® Bundling Theory

Posted  05/6/16
By Ankur Kapoor Citing the well-known maxim that the antitrust laws are concerned with “the protection of competition, not competitors,” the U.S. Court of Appeals for the Third Circuit on Wednesday affirmed summary judgment for Defendant Sanofi Aventis on Plaintiff Eisai, Inc.’s claim that Sanofi foreclosed competition in the market for anticoagulant drugs administered in hospitals. Eisai alleged that Sanofi dominated that market with its Lovenox® product.  In addition to...

The Antitrust Week In Review

Posted  09/14/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. Banks to Settle With Investors in Suit Over Financial Crisis.  Twelve of the largest banks in the world are apparently on the verge of paying $1.865 billion to settle accusations that they illegally conspired to control a derivatives market that stood at the center of the financial crisis.  The banks have...

The Antitrust Week In Review

Posted  07/20/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. Accusing Amazon of Antitrust Violations, Authors and Booksellers Demand Inquiry.  Five years after Amazon asked antitrust regulators to investigate leading publishers, groups representing thousands of authors, agents and independent booksellers are asking the United States Department of Justice to examine Amazon for antitrust violations.  The Authors Guild, the American Booksellers Association,...

The Antitrust Week In Review

Posted  03/23/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. Take Google to Court, Staff Report Urged F.T.C.  The Federal Trade Commission is facing renewed questions about its handling of its antitrust investigation into Google, after documents revealed that an internal report had recommended stronger action.  The 2012 report, from the FTC’s bureau of competition, recommended suing the Internet search giant...

Sysco May Be Selling “Fix-it-First” To Save Food Distributors’ Merger, But FTC May Not Be Buying

Posted  02/3/15
By Allison F. Sheedy Sysco Corp. announced a divestiture plan this week that it claims should address concerns of the Federal Trade Commission (the “FTC”) about the food behemoth’s proposed acquisition of US Foods, which would combine the two largest food distributors in the United States. Sysco, the nation’s largest food distributor, said on Monday that it is prepared to sell 11 US Foods distribution centers in the West and...

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 from cartel members for higher...

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 plaintiffs are independent bookstores that sell...

Tenth Circuit Rules Microsoft Had No Duty To Deal With Novell’s WordPerfect

Posted  10/8/13
The U.S. Court of Appeals for the Tenth Circuit has rejected Novell, Inc.’s bid to resurrect its antitrust claims accusing Microsoft Corporation of maintaining its monopoly in the operating systems market by withdrawing its support for WordPerfect and other Novell applications. The Court affirmed the decision of the U.S. District Court for the District of Utah in Novell v. Microsoft Corp. granting Microsoft judgment as a matter of law on...
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