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By Anthony S. Ferrara, Lisa A. Peterson and McDermott Will & Emery 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...
EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity
By McDermott Will & Emery on Feb 20, 2019
Posted In EC Developments, EU Developments, Mergers & Acquisitions
On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the Commission’s decision to block the proposed acquisition of TNT Express NV (TNT) by United Parcel Services (UPS) in...
By Lisa A. Peterson, Anthony S. Ferrara and McDermott Will & Emery 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...
By McDermott Will & Emery 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...
By Lisa A. Peterson and McDermott Will & Emery 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...
By McDermott Will & Emery 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...
By McDermott Will & Emery on Jun 15, 2018
Posted In Cartel Enforcement, Chinese Developments, Private Litigation, U.S. Supreme Court Developments
Alert: The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a nation shows to the legislative, executive or judicial acts of another nation. Principles of comity state that US courts should defer to the laws...
French Competition Authority Fines a Pharmaceutical Laboratory EUR 25 Million for Anti-Generic Practices
By Elena Chutrova and McDermott Will & Emery on Jan 4, 2018
Posted In French Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version of Durogesic, and for hindering its development through a disparagement campaign. No public version of the decision is available yet, nonetheless the FCA has already published...
By Gregory E. Heltzer and McDermott Will & Emery on Dec 14, 2017
Posted In Mergers & Acquisitions
WHAT HAPPENED: Senator Elizabeth Warren (D-MA) gave a speech at the Open Markets Institute on December 6 entitled “Three Ways to Remake the American Economy for All”, in which she repeatedly positioned antitrust policy as a tool to rebalance competition between “big, powerful corporations” and “just about everyone else.” Senator Warren spoke critically about recent...
By Lisa A. Peterson, Mary Strimel, Paul M. Thompson and McDermott Will & Emery on Dec 12, 2017
Posted In Cartel Enforcement, DOJ Developments
On November 29, 2017, a Japanese auto parts manufacturer and its US subsidiary defeated the US Department of Justice’s claims that the companies conspired with others to fix prices and rig bids for automotive body sealing products. The case involved a rare trial involving criminal antitrust charges. After 13 days of trial, a jury returned...