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By McDermott Will & Emery on Aug 3, 2021
Posted In Consumer Protection/Privacy, FTC Developments, Monopolization/Abuse of Dominance
A newly announced change in Federal Trade Commission (FTC) policy could have dramatic implications for the ways manufacturers of everything from cell phones to cars draft warranties, design products, and distribute replacement parts. Specifically, the FTC has set its sights on repair restrictions. On July 21, the Commission unanimously voted to approve a policy statement...
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Second Circuit Rejects FTC Challenge of 1-800 Contacts, Highlighting Procompetitive Trademark Policy
By Reese Poncia and McDermott Will & Emery on Jun 28, 2021
Posted In Consumer Protection/Privacy, IP Antitrust
The US Court of Appeals for the Second Circuit vacated a final order of the Federal Trade Commission (FTC), which had found that agreements to refrain from bidding on keyword search terms for internet advertisements violated Section 5 of the FTC Act. The Court made clear that although trademark agreements are not necessarily immune from...
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European Commission Consultation on Ex Ante Regulation of Online Platforms: Is Change Coming?
By McDermott Will & Emery 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 McDermott Will & Emery 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 Lisa P. Rumin and McDermott Will & Emery 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 Michelle Lowery, Anthony S. Ferrara and McDermott Will & Emery 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 McDermott Will & Emery 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 McDermott Will & Emery 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 Nicole Castle, Michelle Lowery, Matt Evola, Stephen Wu and McDermott Will & Emery 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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EU Competition Commissioner Vestager Nominated for a Second Term – a Tale of Two Hats
By McDermott Will & Emery on Sep 12, 2019
Posted In EC Developments, EU Developments, IP Antitrust, Monopolization/Abuse of Dominance
What Happened: On 10 September 2019, European Commission President-elect Ursula von der Leyen nominated Margrethe Vestager as Competition Commissioner for a second consecutive term. As part of a structural shake-up of the Commission, involving the institution of eight Vice-Presidents, three of whom will be “Executive Vice Presidents”, she will additionally serve as “Executive Vice President...
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