Stefan M. Meisner Stefan M. Meisner

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Stefan M. Meisner provides legal services to clients in connection with antitrust matters and electronic discovery issues. Stefan focuses his antitrust practice on complex, multidistrict class action litigation alleging Sherman Act violations, US Department of Justice (DOJ) investigations, merger investigations and intellectual property issues. He counsels clients on the antitrust implications of patent licensing and settlements of infringement litigation. In addition, he counsels clients on global strategies for addressing cartel prosecutions and defenses, from the inception of government investigations, to the initiation of civil class action litigation in a variety of jurisdictions. Read Stefan M. Meisner's full bio.

Bag Fee Case Highlights Antitrust Risk Of Public Statements

By , and on Apr 12, 2017
Posted In Cartel Enforcement, FTC Developments, Private Litigation, Uncategorized

For publicly traded companies, earnings calls are routine business events, as are press releases, speeches, investor conferences and trade association meetings. However, in the world of antitrust law, words uttered in these situations can provide fodder for plaintiffs to claim that instead of providing information for investors and the public, the communication’s purpose was to...

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Third Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims

By and on Feb 17, 2017
Posted In Monopolization/Abuse of Dominance, Private Litigation

On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification. The Third Circuit found that only the individual claims may proceed in the case. The...

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DOJ Policy Updates Signal Continuity of Antitrust Program

By , and on Feb 1, 2017
Posted In DOJ Developments

This month, the US Department of Justice Antitrust Division revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters” (FAQs), with releases both before and after the new administration took office. The revisions serve as a signal that the continuity we have seen in previous years from the Antitrust Division...

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DOJ and FTC Release New Antitrust Guidelines for International Enforcement and Cooperation

By , and on Jan 20, 2017
Posted In DOJ Developments, FTC Developments

On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by the agencies and serve to update the Antitrust Enforcement Guidelines for International Operations that have been in place since April 1995. The new guidelines...

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FTC and DOJ Update Antitrust Guidelines for the Licensing of Intellectual Property

By , and on Jan 18, 2017
Posted In DOJ Developments, FTC Developments, IP Antitrust

On January 13, 2017, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines). The revised Guidelines follow nearly half a year of consideration and public commentary. According to the FTC, the updates were “intended to modernize...

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US Supreme Court to Review Patent Exhaustion Doctrine

By on Dec 2, 2016
Posted In IP Antitrust

On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to restrictions on post-sale use and (2) authorized sales of a patented article outside of...

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DOJ, FTC Issue Antitrust Guidance to Human Resources Professionals

By , and on Oct 25, 2016
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Healthcare Antitrust

On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to educate HR professionals about how the antitrust laws apply in the employment context.  Read...

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EFTA Court to Rule on The Interpretation of Restriction of Competition by Object

By and on Apr 19, 2016
Posted In EC Developments, Joint Ventures/Competitor Collaboration

A recent request by the Supreme Court of Norway for an advisory opinion from the European Free Trade Association Court may define the legal test for determining whether or not an agreement between competitors restricts competition “by object.”

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CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings

By , , and on Apr 4, 2016
Posted In Cartel Enforcement, EC Developments, German Developments, Private Litigation

The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the European Union (CJEU) in the context of his damages action with regard to his extradition, after a series...

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The European Court of Justice Rules against Overreaching Requests for Information by the European Commission

By and on Mar 14, 2016
Posted In Cartel Enforcement, EC Developments

Last week, the Court of Justice of the European Union (ECJ) ruled that the General Court of the European Union (GCEU) had been wrong when deciding that the European Commission’s requests for information sent to eight cement manufacturers during the course of a cartel investigation were adequately reasoned (see judgments in casesC-247/14 P, HeidelbergCement v...

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