Anthony S. Ferrara
Subscribe to Anthony S. Ferrara's PostsAnthony S. Ferrara focuses his practice on regulatory and antitrust matters. Read Anthony S. Ferrara's full bio.
Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions
By McDermott Will & Emery, Anthony S. Ferrara, David Henry, Jon B. Dubrow and Joel R. Grosberg on May 15, 2019
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
The first quarter of 2019 proved to be as active as ever for antitrust regulators in both the United States and Europe. In the United States, vertical merger enforcement was the focus of a few high-profile matters. The US DOJ has been working on an update to the Non-Horizontal Merger Guidelines, possibly providing clarification for...
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Federal Jury Finds that Ericsson’s Licensing Offer to HTC is FRAND
By Anthony S. Ferrara, Lisa A. Peterson and Stefan M. Meisner on Feb 25, 2019
Posted In IP Antitrust
On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms. The verdict ended a nearly two-year dispute as to whether FRAND obligations preclude a licensing offer based on end products rather than components. Ericsson...
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District Court: IPR Policy Does Not Automatically Require License Fees Based on Components
By Lisa A. Peterson, Anthony S. Ferrara and Stefan M. Meisner on Feb 12, 2019
Posted In IP Antitrust
The US District Court for the Eastern District of Texas ruled that for the purposes of honoring a fair, reasonable and non-discriminatory (FRAND) commitment, a pool member is not required to base royalties for its standard essential patents (SEPs) on the value of components. HTC America Inc. et al. v. Ericsson Inc., Case No. 6:18-cv-00243-JRG...
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THE LATEST: FTC Allows Problematic Vertical Merger to Proceed with a Behavioral Remedy
By Anthony S. Ferrara and Jon B. Dubrow on Feb 5, 2019
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On January 28, the US Federal Trade Commission (FTC) announced that it had accepted a proposed settlement with office supply distributors Staples and Essendant in connection with Staples’ proposed $482.7 million acquisition of Essendant. The settlement suggests that the FTC is currently more willing than the US Department of Justice (DOJ) to accept conduct remedies...
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