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If Past is Prologue, Ramped up Antitrust Compliance is Critical


By and on Jun 17, 2020
Posted In Cartel Enforcement, DOJ Developments, FTC Developments

The COVID-19 pandemic has brought not only a healthcare crisis, but also one of the worst economic downturns in history. As businesses emerge from this crisis, there may be increased risk that employees may cross the line and engage in anticompetitive conduct. Therefore, it is critical that companies and individuals prepare now to ensure that...

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Government Amicus Efforts Show Antitrust Policy Via Advocacy


By , and on May 22, 2020
Posted In Distribution/Franchising, DOJ Developments, FTC Developments, IP Antitrust

Under the administration of President Donald Trump, the US Department of Justice’s Antitrust Division has significantly ramped up its private litigation amicus program. The Antitrust Division has filed an increasing number of amicus briefs and statements of interest at the appellate and district court levels in an effort to influence the development of antitrust law....

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Close Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share


By , , , and on Jan 27, 2020
Posted In Cartel Enforcement, Private Litigation

Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for fairness to class members.

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Texas Court Declares Licensing Offer Based on End Device Is FRAND, Diverges from California Court in Qualcomm


By , and on Jun 3, 2019
Posted In IP Antitrust, Private Litigation

Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision—FTC v. Qualcomm—on the question of whether an SEP holder must base its royalty rates on the “smallest salable patent-practicing unit”...

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Federal Judge Finds Qualcomm Violated the FTC Act Through Monopolistic and Exclusionary Conduct


By , and on May 23, 2019
Posted In FTC Developments, IP Antitrust, Monopolization/Abuse of Dominance

On May 21, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act by maintaining its monopoly position as a modem chip supplier through a number of exclusionary practices, including refusing to license standard essential patents...

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Federal Jury Finds that Ericsson’s Licensing Offer to HTC is FRAND


By , and 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 , and 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: DOJ Reaches Settlement with Six Broadcast Television Companies


By and on Nov 19, 2018
Posted In Cartel Enforcement, DOJ Developments, Mergers & Acquisitions

The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter the way prices were set in the television spot advertising market. Assistant Attorney General Makan Delrahim explained in a speech at the ABA Antitrust...

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FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case


By and on Nov 14, 2018
Posted In FTC Developments, IP Antitrust

Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC) in an important intellectual property and antitrust case involving standard essential patents (SEP). The court’s decision requires an SEP holder to license its SEPs for cellular communication standards to all applicants willing to pay a fair, reasonable...

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Healthcare and Antitrust Enforcement: Continuity through the Administrations


By and on Oct 26, 2018
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

Antitrust laws protect competition and consumers. Antitrust enforcement is prevalent in actions concerning manufacturing and consumer goods, among other things. However, recent enforcement activity by the Federal Trade Commission (FTC) and Department of Justice’s Antitrust Division (DOJ) serves as a reminder that the services industry, particularly healthcare services, is not immune to antitrust scrutiny as...

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