McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsTHE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property Disputes
By Matt Evola and McDermott Will & Emery on Oct 23, 2017
Posted In FTC Developments, IP Antitrust
WHAT HAPPENED On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the intersection between IP and antitrust domestically and abroad. Chairman Ohlhausen’s position, that IP rights must be vigorously protected, is in line with...
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Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case
By McDermott Will & Emery and McDermott Will & Emery on Oct 20, 2017
Posted In Private Litigation
WHAT HAPPENED: On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court affirmed the district court’s grant of summary judgment for defendant on the...
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Five Things To Know About German Merger Control
By Christian Krohs and McDermott Will & Emery on Sep 25, 2017
Posted In EU Developments, German Developments, Mergers & Acquisitions
As reported previously, German competition law was recently amended. The amendments included with the introduction of a “size of transaction”-threshold a notable change with respect to German merger control. The following is a reminder of five important features of German merger control which you should be aware of: The jurisdictional thresholds of German merger control...
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THE LATEST: European Court of Justice Clarifies Application of European Union Merger Control Rules to Joint Ventures
By McDermott Will & Emery on Sep 7, 2017
Posted In EU Developments, French Developments, German Developments, Joint Ventures/Competitor Collaboration
On 7 September 2017, the European Court of Justice issued a decision (Decision) on the interpretation of the European Union Merger Regulation (EUMR). The Decision clarifies the conditions under which the EUMR applies to the setting-up of joint venture companies. WHAT HAPPENED: 3(4) of the EUMR stipulates that the “creation” of joint ventures requires a...
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Advocate General Wahl Delivers Opinion on Legality of Bans on Online Sales via Third-Party Platforms in Selective Distribution Systems
By McDermott Will & Emery on Aug 23, 2017
Posted In Distribution/Franchising, German Developments
According to Advocate General Nils Wahl’s opinion, delivered on July 26, in the Court of Justice of the European Union’s (CJEU) case Coty Germany GmbH v Parfümerie Akzente GmbH (case C-230/16), suppliers of luxury goods may prohibit their authorized retailers from selling their goods via third-party internet platforms. Such bans do not necessarily infringe Article...
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THE LATEST: German Antitrust Authority Issues Guidelines on Resale Price Maintenance
By Patryk Wcislo and McDermott Will & Emery on Jul 13, 2017
Posted In EC Developments, EU Developments, German Developments
On 12 July 2017, the German Federal Cartel Office (FCO) published a guidance paper (Guidance Paper) on the prohibition of resale price maintenance (RPM). The Guidance Paper has a particular focus on the food retail sector. At the same time, it offers good insights into the FCO’s current overall thinking on RPM. The FCO reiterates...
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THE LATEST: FTC Files Complaint Against Louisiana Real Estate Appraisers Board
By McDermott Will & Emery on Jun 2, 2017
Posted In FTC Developments
This week, the Federal Trade Commission filed an administrative complaint against the Louisiana Real Estate Appraisers Board (LREAB). This complaint is the FTC’s first against a state licensing board since it prevailed in the Supreme Court in the decision in NC State Board of Dental Examiners v. FTC in 2015. There, the Court held that...
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Supreme Court to Patent Holders: Sell Product Anywhere, Exhaust Patent Rights Everywhere
By James Camden, Michael O'Shaughnessy and McDermott Will & Emery on Jun 1, 2017
Posted In IP Antitrust
Reversing long-standing Federal Circuit precedent, the United States Supreme Court has now held that a patentee extinguishes its patent rights on a product upon its sale of that product, regardless of (1) whether the patentee placed a restriction on the sale (prohibiting reuse or resale), or (2) whether the sale occurred within the United States....
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European Commission Final Report on E-Commerce Sector Inquiry
By Antoine De Rohan Chabot, Mélanie Bruneau and McDermott Will & Emery on May 16, 2017
Posted In Distribution/Franchising, EC Developments
On 10 May 2017, the European Commission published its final report on the e-commerce sector inquiry. The report is divided into two sections, covering e-commerce issues in relation to consumer goods and digital content. It also identifies business practices that might restrict competition and limit consumer choice. It would be advisable for e-commerce businesses to...
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Implementation of the European Union Directive on Antitrust Damages Actions into French Law
By Louise Aberg and McDermott Will & Emery on Apr 6, 2017
Posted In EU Developments, French Developments, Private Litigation
On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions. The implementation provisions faithfully transpose the Directive, but some concepts still, however, need to be clarified by courts at the EU and French levels. Read the full article.
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