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European Commission Consultation on Ex Ante Regulation of Online Platforms: Is Change Coming?


By and on Jul 27, 2020
Posted In EC Developments, EU Developments, Monopolization/Abuse of Dominance, Power Markets

In parallel to a public consultation to seek feedback from the public regarding the New Competition Tool, the European Commission (Commission) is consulting on a proposal for an ex ante regulatory instrument that would ensure that “online platform ecosystems controlled by large online platforms that benefit from significant network effects remain fair and contestable, in...

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European Commission Initiates Consultation on Possible New Competition Investigation Tool


By and on Jun 29, 2020
Posted In EC Developments, EU Developments, Monopolization/Abuse of Dominance, Power Markets

On 2 June 2020, the European Commission (the Commission) published its inception impact assessment (or roadmap) on the possible adoption of regulation that would introduce a new market investigation tool. This assessment was immediately followed by the launch of a public consultation to seek views and feedback from the public regarding such a tool. The...

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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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Antitrust M&A Snapshot | Quarter 1 2020


By on May 1, 2020
Posted In Brussels Developments, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

In the United States, The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made certain changes to the merger review process to accommodate businesses and counsel working remotely. However, merger reviews, challenges, trials and...

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EU Commission Issues Another Fine for Restrictions on Cross-Border Licensed Merchandise Sales


By on Feb 26, 2020
Posted In Brussels Developments, Distribution/Franchising, EU Developments, Power Markets

The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be sold within the EEA. On 30 January 2020, the Commission fined NBCUniversal Media, LLC, and...

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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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General Court Annuls European Commission Decision on Belgian Excess Profit Exemption System


By on Feb 26, 2019
Posted In EC Developments, EU Developments

On 14 February 2019, the General Court of the European Union (GCEU) annulled the decision of the European Commission (Commission) on the Belgian excess profit exemption system (SA.37667) in its entirety on the ground that the Commission erroneously categorized the system as an “aid scheme” (T‑131/16 and T‑263/16). IN DEPTH Background Since June 2013, the...

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