Tue, 30 Apr 2013 12:10:53 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert 634ea639-c336-4a56-a692-e095148cc302 Tue, 30 Apr 2013 12:10:53 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Much-Anticipated-Decision-On-Rates-To-License-Standard-Essential-Patents-Issues 2aa2068a-98d4-4b1c-b1f7-7f9eb6eefce1 Mon, 29 Apr 2013 14:45:19 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Antitrust-Developments-Dec-2012-to-Mar-2013 14adb5c8-477d-4373-9d25-684523ab02dc Tue, 23 Apr 2013 12:25:55 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Review-of-Competition-Law-Fines-by-German-Courts-Differences-to-the-Review-by-European-Courts 3468dc7d-b7a8-495b-9544-7c20cbf07797 Thu, 28 Mar 2013 17:52:22 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Supreme-Court-Raises-the-Bar-for-Class-Action-Suits-by-Requiring-Plaintiffs-to-Show-a-Specific-Calculation-of-Damages-for-the-Specific-Theory-of-Harm-for-which-a-Class-is-Certified a70a7581-0b83-4e54-a628-98d25ed8266d Fri, 22 Feb 2013 15:09:36 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/First-Ever-RICO-Claim-Against-NPEs-Dismissed-But-Other-Claims-Including-RAND-Commitments-Remain-Viable b9be291d-a6ff-41ab-97de-4a6c9d5c31b6 Tue, 05 Feb 2013 09:43:51 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Court-Dismisses-Patent-Troll-Attack-on-Patent-Aggregator-RPX-For-Now dd57ecad-834a-4415-afd2-d4bf7d5525aa Thu, 10 Jan 2013 15:33:06 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Announces-New-HSR-and-Section-8-Thresholds 9e9eab9a-eb01-4036-a97b-53c3b31693cc Thu, 10 Jan 2013 14:46:08 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Settles-with-Google-on-Standard-Essential-Patents a8d1c363-cbb1-4ad7-a2d7-83c4f2edf46d Tue, 18 Dec 2012 14:12:44 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Continues-Campaign-Against-Injunctions-for-Standard-Essential-Patents-Uses-Section-5-to-Push-Section-2-Boundaries 1a0384aa-5ee0-401d-92d3-0ecaecdf4267 Wed, 10 Oct 2012 17:24:12 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Finalizes-Changes-to-Rules-Governing-Investigatory-Procedures-Primarily-to-Address-Issues-Regarding-Electronically-Stored-Information 86d5108b-4503-4d32-b204-8f92dbcc2194 Wed, 26 Sep 2012 09:58:51 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Clarifies-Investment-Only-Exception-to-HSR-Reportability 9da4832f-ac24-4733-9da2-192b2149ffc9 Tue, 24 Jul 2012 16:25:06 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Merger-Control-in-the-Americas-Increased-Convergence-or-Increased-Scrutiny 694bd4b6-1143-4bfa-8cc1-f08d71509e0b Thu, 28 Jun 2012 16:45:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Seventh-Circuit-Makes-it-Easier-for-Antitrust-Plaintiffs-to-Pursue-Their-Claims-Against-Overseas-Cartels 385baeda-410a-435f-8790-a17bb18619d5 Fri, 15 Jun 2012 14:39:22 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Urges-ITC-to-Deny-Exclusion-Orders-for-RAND-Encumbered-Standard-Essential-Patent-Holders 6af83d7f-1e3b-4844-8aa4-3bba2394e809 Fri, 18 May 2012 11:07:07 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Toto-We-Cant-Be-In-Kansas-Kansas-Supreme-Court-Scuttles-Rule-of-Reason-for-Resale-Price-Agreements-Under-State-Law ef02e440-1863-4cbc-a6e9-03d2161f9d0d Fri, 04 May 2012 10:19:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Eighth-Circuit-Approves-Use-of-Fraud-Guidelines-for-Antitrust-Crimes 41d034a5-0bc0-4f33-b5e9-e063ad7c0aa0 Fri, 10 Feb 2012 15:07:37 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Bundeskartellamt-and-Public-Prosecutors-Jointly-Focusing-on-the-Prosecution-of-Bid-Rigging 777c6dd8-d8cc-40ac-ac02-49d40c6bd8af Fri, 15 Jun 2012 11:13:39 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Second-Circuit-Weighs-in-Again-on-Class-Action-Waivers-in-Arbitration-Agreements 3a408081-c2ad-41df-a8d6-5fc775269f56 Fri, 27 Jan 2012 14:52:03 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Proposes-Changes-to-Rules-Governing-Investigatory-Procedures-Primarily-to-Address-Issues-Regarding-Electronically-Stored-Information f52cfecf-8416-4a9f-8d06-25b031845d54 Thu, 26 Jan 2012 18:21:42 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Increases-HSR-and-Section-8-Thresholds efa5cfc5-2d40-40d5-b810-fac74e5d11c0 Fri, 09 Dec 2011 11:54:16 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/General-Court-Confirms-Commission-Decision-Not-To-Investigate-Cartridge-Market-For-Ink-Jet-Printers 4a9f56c7-c206-471e-bae0-ee5dad44ba6c Thu, 01 Dec 2011 08:49:35 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Gives-High-Level-Guidance-on-Antitrust-Compliance c5bc31ef-f6f8-4d86-9817-4344f44fc269 Wed, 02 Nov 2011 09:32:16 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/German-Constitutional-Court-Declines-to-Rule-on-National-Legislation-Strictly-Implementing-European-Law 8990bcb3-bbc7-41f3-837b-1f3bc77dd692 Fri, 14 Oct 2011 13:58:55 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Court-of-Justice-Further-Supports-Internet-Sales 26052b65-7530-4d5f-aa2b-0d424352b10c Fri, 15 Jul 2011 12:35:41 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Mandatory-Indian-Merger-Control-What-You-Need-to-Know c110295d-cb1c-48a8-8e9a-8a472974eab4 Thu, 07 Jul 2011 16:56:00 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Requires-More-Documents-With-Revised-HSR-Notification-Form 50350fda-0d94-46d4-864a-36c48184d4ce Wed, 29 Jun 2011 15:01:56 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Hosts-Workshop-on-Intellectual-Property-Rights-In-Standard-Setting-Tools-to-Prevent-Patent-Hold-Up affa71f7-0344-4ea4-b6b9-2e643e5b61c3 Thu, 23 Jun 2011 11:20:53 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Hidden-Discount-Judgment-of-2-Billion-Against-Ford-Implications-for-Pricing-Systems af2a64bc-7347-4275-a6d6-d8a40bf0fc54 Tue, 21 Jun 2011 17:05:22 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Antitrust-Division-Issues-Updated-Policy-Guide-to-Merger-Remedies a554291a-e8fb-4a01-bf65-e79d7338ca31 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/OFT-Investigates-Possible-RPM-in-Relation-to-E-books The OFT has confirmed that it is investigating the pricing of e-books in the UK following "a significant number of complaints". Targets of the investigation appear to include Pearson and Lagadère. df261f28-e90e-42d1-8ced-f3935a4b3fab Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Robust-State-Enforcement-of-Minimum-Resale-Price-Maintenance-May-Require-New-Approaches-to-Pricing Two recent state enforcement actions that relied solely on state law to attack minimum resale price maintenance ("RPM") provide the latest indication that states are diverging from federal antitrust law in their increasingly strong efforts to police RPM agreements in the aftermath of the Supreme Court's decision in Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007). 848143ab-ebc4-48c7-be0c-cacf0c5fb355 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Announces-Increased-HSR-and-Section-8-Thresholds As further evidence that the U.S. economy has begun to turn the corner, the Federal Trade Commission announced today that it would increase the jurisdictional thresholds applicable to both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act") and Section 8 of the Clayton Act. These dollar thresholds are indexed annually based on changes in the U.S. gross national product. 8497fbf9-aa75-40a1-a746-903eafa02b93 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Fine-of-38-million-US-51-million-for-Procedural-Breach-during-a-Dawn-Raid-upheld-by-EU-Court Today, December 15, 2010, the EU's General Court upheld the European Commission's decision to impose a € 38 million fine on the Germany energy company E.ON for breaching a seal during an antitrust dawn raid. c11c659b-f23c-4e5b-b366-b3fac3329548 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Adopts-New-Antitrust-Guidelines-On-Cooperation-Between-Competitors Today, December 14, 2010, the European Commission has adopted revised guidelines on the treatment of cooperation between competitors under EU antitrust rules. The main changes from previous Commission guidance concern standardization, information exchange and the treatment of joint ventures. The guidelines also cover joint R&D, production, distribution and purchasing. c3784bd1-bdd0-4e1d-9841-7393904c1074 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Californias-Predatory-Pricing-Law-Differs-From-Federal-Counterpart The California Supreme Court has let stand an appellate court ruling that allows for broad interpretation of California state predatory pricing law. Significantly, the case holds that proof of recoupment is not required to prevail in predatory pricing cases. This broad interpretation means that it will be easier to bring predatory pricing cases against California retailers and merchants. 47459585-dab7-4857-a9d3-3ed8e7344c62 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Federal-Circuits-En-Banc-Princo-Decision-Limits-Patent-Misuse-Doctrine On August 30, the U.S. Court of Appeals for the Federal Circuit issued an en-banc decision affirming the International Trade Commission's ("ITC") holding that the "patent misuse" doctrine did not prevent U.S. Philips Corporation ("Philips") from enforcing its patent rights against Princo Corporation and Princo America Corporation (collectively "Princo"). The court's decision, Princo Corp. v. International Trade Comm'n, No. 2007-1386 (Fed. Cir. Aug. 30, 2010) confirms the narrow scope of the patent misuse doctrine, and underscores the broad protection afforded patent holders when licensing their patents. The case also highlights the challenges that can arise when reconciling intellectual property and antitrust law. 5288c93d-7b3b-4820-bc31-335d4dedfc91 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-and-DOJ-Issue-Final-Version-of-Revised-Merger-Guidelines On August 19, 2010, the FTC and DOJ jointly issued the final version of the revised Horizontal Merger Guidelines, marking the end of a revision process initiated in September 2009. Following a series of workshops and dozens of public comments, the agencies issued draft revised guidelines in April 2010, which drew further comments from the public. The latest round of public comments and agency review prompted minor revisions to the April 2010 draft guidelines, noted below. b1c5fac1-5c8e-4428-a3e0-959c3b97dfb1 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Notices-Proposed-Changes-To-HSR-Form On August 13, 2010, the Federal Trade Commission issued several proposed changes to the Notification and Report Form companies must complete when notifying transactions subject to the Hart-Scott-Rodino Act. In addition to simplifying certain hyper-technical reporting requirements, the FTC's proposed revisions would create three new or expanded disclosure obligations. Specifically, the proposed rules would: (1) require all parties to provide additional business documents related to the transaction; (2) expand and modify the parties' revenue reporting obligations; and (3) require disclosure of additional information regarding "associated" entities. c2daec3e-42dd-4c4a-88a9-5591e8ecc947 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Settles-Charges-That-Intel-Violated-Section-5-of-the-FTC-Act On August 4, 2010, the Federal Trade Commission approved a proposed consent order with Intel. This settlement resolved FTC allegations that Intel violated Section 5 of the FTC Act when it used de facto exclusive dealing arrangements and market share deals to induce original equipment manufacturers to forgo purchasing non-Intel central processing units ("CPUs") and graphics processing units ("GPUs"). The FTC complaint also alleged that Intel engaged in predatory engineering practices to exclude competitors. dcd64b28-bdbd-498e-9b90-39a0f99c51a6 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/California-Supreme-Court-Rejects-Pass-on-Defense-for-Antitrust-Damages On July 12, 2010, the California Supreme Court resolved an issue of first impression in Clayworth v. Pfizer, finding that the pass-on defense is not available under California law to defendants accused of price-fixing. In a unanimous decision, the Court held that for private antitrust litigation under California’s Cartwright Act, it is no defense that the plaintiff passed on its damages to its customers. The case has far-reaching effects for defendants in defending against antitrust claims brought under California law. e7fa5777-f7ac-4dea-9d44-34bded21dff9 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-publishes-draft-rules-applicable-to-horizontal-co-operation-agreements Currently, guidance for horizontal co-operation is provided by two block exemption regulations, Commission Regulation (EC) No. 2659/2000 on research and development (R&D) agreements ("R&D BER"), Commission Regulation (EC) No. 2658/2000 on specialisation agreements ("Specialisation BER"), and the accompanying horizontal guidelines. The block exemption regulations exempt research and development as well as specialisation and joint production agreements from the EU's general ban on restrictive business practices laid down in Article 101 (1) of the Treaty on the Functioning of the European Union ("TFEU"), provided they meet all conditions set out in the regulations. The horizontal guidelines provide an elaborated analytical framework for the assessment of the most common types of horizontal co-operation agreements (including certain concerted practices) and are therefore of the highest practical importance. The European Commission has now opened the discussion on the proposed rules as the current versions of the R&D BER and the Specialisation BER expire at ... 504b118c-67d9-46bf-9d08-21736d3e2770 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Privilege-does-not-extend-to-in-house-or-foreign-lawyers-in-EU-antitrust-cases-says-Advocate-General-of-European-Court-of-Justice On 29 April, the Advocate General of the European Court of Justice (ECJ) issued an Opinion that legal privilege does not extend to in-house or foreign (e.g., US) lawyers in the context of EU antitrust investigations. The Advocate General also appeared to cast doubt on the scope of privilege for EU-qualified outside counsel. 2c1200f6-5d6d-4c6d-aeb7-23a5a314de82 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Second-Circuit-Wants-Full-Court-Review-of-Reverse-Exclusionary-Settlement-Payments A Second Circuit panel has invited an en banc or full court review of a "reverse exclusionary settlement payments" case that may ultimately reach the Supreme Court. The case is Arkansas Carpenters Health and Welfare Fund v. Bayer A.G., Nos. 05-2851-cv(L) and 05-2852-cv(CON) (2d. Cir. Apr. 29, 2010). 484e36f6-b903-4990-b25b-0c54f9f45aca Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/UK-Competition-Authority-in-Retreat-on-Dairy-Products-Hub-and-Spoke-Information-Exchange-Case-Partially-abandons-case-and-hands-back-GB-50-million-in-agreed-penalties Today, 30 April, the UK antitrust regulator, the Office of Fair Trading ('OFT'), announced that it was partially abandoning its case against various supermarkets and dairy firms in relation to the exchange of pricing information. As a result, the OFT will return GB£ 50 million in agreed penalties paid by parties that had reached "early resolution" settlements. The OFT has altogether abandoned its case against Morrisons, one of two supermarkets that did not settle. c98fae24-c34b-44f7-92b6-a8c41756c72c Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Adopts-New-Competition-Rules-For-Distribution-Of-Goods-And-Services On 20 April 2010 the European Commission adopted the new block exemption regulation and guidelines for vertical agreements. The new rules will enter into force on 1 June 2010. A one year transition period applies to existing agreements. 8b69f71c-7a0e-498d-8888-d4d6ebfea88c Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-DOJ-Issue-Revised-Merger-Guidelines Today, the FTC and DOJ jointly issued their proposed revision of the Horizontal Merger Guidelines. The Guidelines, which have not been updated in more than a decade, outline how the agencies evaluate the likely competitive impact of proposed mergers and acquisitions and assess whether to challenge individual transactions. This proposed revision is intended to more accurately reflect the agencies' current policies and practices, and further reflects the Obama administration's more aggressive approach to antitrust enforcement. fc92c1a4-b3ec-4727-90bd-de0e03f7ea9f Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Hedge-Funds-and-Antitrust-Compliance-Antitrust-Division-Investigates-Hedge-Funds-Shorting-Euro When is sharing of investment strategies collusion? This question seems to be at the center of an inquiry by the Antitrust Division of the Department of Justice in connection with investment strategies shorting the value of the Euro. Recent press reports indicate that the Department of Justice has sent requests to several hedge funds in connection with their trades relating to the Euro. 56d9809f-3a3f-4546-91b7-b7ce0ad45f6a Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/DOJ-Sends-Strong-Civil-Enforcement-Message-with-12-Million-Disgorgement-Remedy On February 22, 2010, the Antitrust Division announced a proposed consent decree under which KeySpan Corporation would be required to "disgorge" $12 million in profits realized as a result of an anticompetitive agreement. This marks the first time the DOJ has sought disgorgement in a civil antitrust action under the Sherman Act. 6a691f22-235e-4f3b-924b-614e83c055ac Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Announces-New-Lower-HSR-and-Section-8-Thresholds As if we needed any further evidence of the economic crisis of the past year, for the first time in history the Federal Trade Commission announced today that it would lower the jurisdictional thresholds applicable to both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act") and Section 8 of the Clayton Act. These dollar thresholds are indexed annually based on changes in the U.S. gross national product. 3e48b543-352d-497b-bc49-2c79873724da Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Third-Circuit-Clarifies-Robinson-Patman-Acts-Competing-Purchaser-Requirement-in-Bid-Situations In Feesers, Inc. v. Michael Foods, Inc., Nos. 09-2548, 09-2952, 09-2993 (3d Cir. Jan. 7, 2009), the Third Circuit overturned a district court finding that a manufacturer of food products discriminated in the sale of products to a food service operator customer competing with a distributor. In so doing, the Third Circuit further narrowed the scope of the Robinson-Patman Act in the context of competitive bidding situations. 85445b83-bcc2-4845-b104-bc227ab99fd9 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Commission-Consultation-on-Best-Practices On 7 January 2010, the European Commission invited comments on three consultation documents published the same day, namely Best Practices for antitrust proceedings, Best Practices for the submission of economic evidence (both in antitrust and merger proceedings) and Guidance on the role of the Hearing Officers in the context of antitrust proceedings. ca7daa42-daf7-4598-8f09-099e27741eb8 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Federal-Trade-Commission-Charges-Intel-With-Anticompetitive-Conduct-Commits-to-Expedited-Administrative-Trial-and-Decision After years of investigation, the FTC today joined the governmental attack on Intel's market position and behavior in microprocessors. The administrative complaint announced today alleges that Intel engaged in a "course of conduct" designed to preserve its x86 microprocessor monopoly position against technology advances by both AMD and Via Technologies as well as by producers of graphics microprocessors such as Nvidia. The anticompetitive conduct is alleged to include 1) making misleading statements about the market-readiness of Intel's own products, 2) offering coercive bundled pricing and tying of Intel's products resulting in below cost pricing, and 3) specifically designing Intel compiler software to degrade the performance of non-Intel chips running the software. 5dc69312-48c3-4b28-93b5-1036c74c604c Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Berlin-Court-of-Appeals-facilitates-private-actions-for-antitrust-violations-excludes-passing-on-defense-for-cartel-members On 1 October 2009, the Berlin Court of Appeals issued a judgment that may facilitate considerably damage claims for antitrust violations in Germany. The court excluded the passing on defense, which would otherwise allow a defendant to show that a claimant had passed on all or some of any cartel overcharge to its customers, and, obiter, allowed standing for indirect purchasers. It also provided mechanisms for the estimation of damages. Although the judgment is based on the predecessor of the current German legislation governing antitrust damage claims, it is anticipated that the interpretation of the current law should be no less claimant friendly given that it was introduced to facilitate damage claims. The judgment is final but the issues may be revisited by the Federal Supreme Court in other proceedings. e5e74140-5ca0-44cf-8537-f923dd5f9a97 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Joaquin-Almunia-Appointed-EC-Competition-Commissioner On November 27, 2009, European Commission president Jose Manuel Barroso announced the nomination of Joaquin Almunia to succeed Neelie Kroes as EC Competition Commissioner. The nomination follows requests by Spain 's president Jose Luis Rodriguez Zapatero that Mr. Barroso gives the Spanish Commissioner Almunia a "key" economic portfolio. Mr. Barroso is said to owe Mr. Zapatero a favor for his support of Mr. Barroso's re-election in the face of opposition by the European Socialist group. Mr. Almunia's nomination, along with the nomination of the rest of the EC Commission, is expected to be confirmed after hearings before the European Parliament in January 2010. If confirmed, the new team of Commissioners will be in office beginning of February 2010. 1cfebe4e-8adb-4785-8d60-e91a10163b20 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Closes-Qualcomm-Investigation Today, the European Commission announced that it closed its investigation into Qualcomm’s licensing practices of 3G mobile technology patents. In October 2007, the Commission initiated formal proceedings against Qualcomm Inc., a US chipset manufacturer and holder of IP rights in the CDMA and WCDMA standards for mobile telephony, regarding an alleged infringement of Article 82 EC (which forbids abuse of dominant position). The Commission initiated this investigation following complaints by mobile phone and chipset manufacturers Nokia, Ericsson, Broadcom, Texas Instruments, Panasonic and NEC. The WCDMA standard forms part of the 3G (third generation) standard for European mobile phone technology (also referred to as “UMTS”). The complaints alleged that Qualcomm’s licensing practices breached Fair, Reasonable and Non-Discriminatory (“FRAND”) standards and therefore breached EC competition rules. The complaints also alleged that charging non-FRAND royalties would lead to higher handset prices, a slower development of the 3G standard, and ... 85dec0aa-2281-487e-a17d-b2e137f8c6c0 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/ECJ-confirms-that-GSK-distribution-arrangements-must-be-reassessed-by-Commission-but-overturns-CFI-on-purpose-of-EU-competition-rules On 6 October 2009 the European Court of Justice ('ECJ') confirmed the judgment of the European Court of First Instance ('CFI') that the Commission must reassess the impact of GSK's distribution arrangements in Spain, but overturned the CFI's finding that the fundamental purpose of EU competition rules is the protection of final consumers. 3e290f8b-b15a-427d-b136-5c2f0297b161 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Publishes-Final-Report-in-Pharmaceutical-Sector-Inquiry-and-Opens-Formal-Proceedings-against-Patent-Settlements The European Commission today published the final report in its Pharmaceutical Sector Inquiry. The Commission's findings remain largely unchanged from those in the interim report published in November last year. However, the language of the final report is less overtly critical of originator companies and the Commission's focus appears to have shifted away from the pursuit of individual antitrust cases and towards changes to the regulatory framework governing pharmaceutical markets. 1bd30632-2bb0-4eef-8ded-6389649d78d1 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-imposes-Euro-20-million-fine-for-early-implementation-of-a-merger-Gun-jumping On 10 June, the European Commission imposed a Euro 20 million fine on the Belgian electricity producer Electrabel for implementing a notifiable merger without having received prior approval under the EC Merger Regulation ('ECMR'). 2d99b262-6ce2-42b8-a58a-ef89906769ff Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Belgian-Competition-Council-shows-its-teeth-and-levies-a-66-3-million-Euro-fine On May 26, 2009, the Belgian competition Council fined Proximus, the incumbent Belgian wireless communications provider, a record 66,3 million Euro for abuse of dominance. 0e29148b-5979-404b-9cda-1cdae6ef002d Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-imposes-record-106-billion-antitrust-fine-on-Intel 64ed4015-7b3d-40c8-9df1-c6f1330053d2 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Second-domestic-sales-threshold-for-German-merger-control-in-force-today Today, 25 March 2009, an amendment to the German Act against Restraints of Competition entered into force (the day after its publication in Germany’s Official Journal). The amendment introduces a second domestic sales threshold for German merger control. a341af4f-5855-4009-9059-2cdd9d2a3954 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Whole-Foods-Reach-Agreement-on-Wild-Oats-Acquisition The FTC has settled one of the most contentious merger challenges in recent history by reaching an agreement with Whole Foods Market Inc., allowing it to partially "unscramble the eggs" of Whole Foods's consummated merger with Wild Oats. Under that agreement, Whole Foods will divest 31 former Wild Oats locations (and one Whole Foods location), along with the Wild Oats brand and associated intellectual property. The settlement signals the FTC's willingness to compromise and seek a practical resolution, despite recent litigation momentum favoring the FTC. aea4bbd4-2cd4-4106-97a2-1f87618f275d Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/New-FTC-Settlement-with-Music-Industry-Trade-Association-Provides-Important-Guidance-For-Associations-That-Conduct-Industry-Wide-Meetings On March 4, 2009, the Federal Trade Commission issued a consent order to settle charges that the National Association of Music Merchants (NAMM) violated Section 5 of the FTC Act by facilitating manufacturers' discussions of minimum advertised pricing (MAP) policies and related strategies. The FTC focused almost entirely on the association's role in "selecting moderators and setting the agenda" for association meetings that addressed the topic of minimum resale price maintenance in the musical instrument industry. The FTC's focus on the role of the association, and the remedies sought by the FTC, provide important new guidance for associations and requirements for association antitrust compliance programs. Associations that hold industry-wide meetings should review their antitrust compliance policies and update them in light of this order. 8c219abe-ac61-4378-a4cf-76de38479d16 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Germany-introduces-second-domestic-turnover-threshold-for-merger-control On 13 February 2009, the German legislator approved an amendment to the Act against Restraints of Competition ("ARC") that will significantly reduce the need for merger control filings and observation of the statutory waiting period for transactions with focus outside Germany. 062ac999-ff9d-4583-809b-80527f5a8dcc Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/German-competition-authority-imposes-high-fine-for-gun-jumping Today the Bundeskartellamt ("FCO") has fined a US-based company EUR 4.5 million for 'gun-jumping' in Germany. This is the highest fine ever imposed by the FCO for implementing a transaction before clearance and as such appears to be in line with the tougher stance competition authorities in Europe are prepared to take for infringements of procedural law. 7d9ccb90-e1b8-4157-b832-964376b58e88 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/EU-Antitrust-European-Commission-issues-its-guidance-paper-on-the-application-of-Art-82-EC-Treaty-to-exclusionary-abuses On Wednesday 3 December 2008, the European Commission issued the long awaited guidance paper on abuse of a dominant market position in exclusionary cases. The paper provides guidance on the economic and effect-based approach the Commission intends to use when assessing abuse of dominance cases. 3c93e45b-6116-4135-a6d8-6377f03087d8 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/EU-Antitrust-Raids-on-Pharma-Companies-and-EON-Divestments The European Commission has confirmed that it conducted antitrust dawn raids at the offices of several pharmaceutical companies in Europe on November 24. The raids come four days before publication of the interim report in the Commission’s pharmaceuticals sector inquiry investigating competition issues in the industry. Press reports have identified both generic and originator companies as targets of the raids. 375daf60-206c-4576-9aab-ebdaca6b86dc Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-revises-Remedies-Notice-and-amends-Merger-Implementing-Regulation On 22 October the European Commission has published the long awaited revised notice on remedies acceptable under the EC Merger Regulation ("Revised Notice") as well as corresponding amendments of the merger implementing regulation. The Revised Notice comes after a series of decisions by the European courts and an extensive study on the effective design and implementation of merger remedies in Commission cases ("Remedies Study"). It further follows a public consultation that was held on the basis of a draft notice in 2007. e6845b2b-644e-4e15-b054-3bfd22fff45b Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/ECJ-Allows-Dominant-Pharmaceutical-Manufacturers-Refusal-To-Supply-In-Order-To-Defend-Legitimate-Commercial-Interests While in 2005 the European Court of Justice ("ECJ") (Case C-53/03 - Syfait and others v. GlaxoSmithKline) refused to rule on the application of Art. 82 EC to supply quota systems because the referring Greek competition authority was not found to be a court within the meaning of Art. 234 EC, the ECJ held today (Joined Cases C-468/06 to C-478/06 - Sot. Lelos and others v. GlaxoSmithKline) that a pharmaceutical company would not abuse its dominant position, if "the refusal […] to supply wholesalers involved in parallel exports constitutes a reasonable and proportionate measure in relation to the threat that those exports represent to its legitimate commercial interests […]" (para. 70). Should a dominant pharmaceutical company, however, refuse to meet "ordinary" orders from a wholesaler, it is abusing its dominant position (para. 77). 28f4ab9f-9ebe-4e00-8d5d-e35e23a19ab3 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/High-Noon-DOJ-and-FTC-Shootout-Over-Report-on-Single-Firm-Conduct In the waning days of the Bush Administration, as many are focused on what the future may hold for antitrust enforcement, the normally cordial relations between the FTC and the Justice Department erupted into a full fledged fight over the future of Section 2 enforcement. The FTC and DOJ today released statements revealing not only significant differences between the way the two agencies currently view unilateral, potentially monopolistic conduct, but quite possibly a glimpse of what is to come in the next administration regardless of who wins the presidency. da6f48de-2f4b-4b03-b862-640a380f1b76 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Wins-Reversal-in-Whole-Foods What a difference a year makes. After losing all of its litigated merger challenges in 2007 (Peoples Natural Gas; Western Refining; Whole Foods), 2008 has yielded significant wins for the FTC. Through a decidedly more strategic procedural attack on proposed transactions, the Commission trumped two highly publicized deals. Earlier this year, the FTC launched a double-pronged approach against the Inova hospital merger, moving ahead with administrative proceedings while a preliminary injunction ("PI") was pending in federal court. (The parties ended up abandoning the deal without even waiting for the PI hearing to be held.) Now, months after Whole Foods and Wild Oats consummated their merger, the D.C. Circuit resuscitated the FTC's argument that injunctive relief is appropriate to stop a deal. b4164128-0566-4d43-a969-101af0305950 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/The-FTC-Examines-Green-Claims-for-Textiles-and-Buildings On July 15, the Federal Trade Commission ("FTC") held the third installment of its "Eco in the Market" workshop series designed to help the FTC review and revise its Guides for the Use of Environmental Marketing Claims ("Green Guides" or "Guides"). The Green Guides were originally promulgated in 1992 and revised in 1998 to help producers promote the green qualities of their products without misleading consumers and running afoul of Section 5 of the FTC Act. Since 1998, consumer interest in sustainability, global warming, and the environment has exploded and industry is developing innovative "green" initiatives, prompting the FTC to revisit the Guides. bf704a70-bff8-4937-bb20-97d0c1cd1592 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Court-Issues-Landmark-Judgment-on-Mergers-in-Concentrated-Markets Two years ago, the EU Court of First Instance (CFI) stunned commentators, the parties and the European Commission by overturning the Commission's decision to clear a joint venture combining the recorded music businesses of Sony and Bertelsmann (BMG). In doing so, the CFI reduced the level of evidence needed to block a merger on coordinated effects grounds – i.e. in concentrated markets where there is no single dominant player post-merger – threatening to significantly increase the number of mergers blocked under EU law. d853453e-2b50-404d-a2fe-9022ab06a42a Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Consultancy-Firms-Contributing-to-Implementation-of-Cartel-Subject-to-Fines In its landmark judgment of 8 July 2008, the Court of First Instance (CFI) confirmed a Commission decision finding that a consultancy firm which has contributed to the implementation of a cartel, even without being active on the relevant market, may be fined for complicity under Article 81(1) of the EC Treaty. In its decision of 10 December 2003, the Commission found that Atofina, Peroxid Chemie, Laporte and Perorsa, European producers of organic peroxides, had infringed the competition rules by fixing prices, agreeing on and implementing a mechanism for price increases, allocating customers and setting up a system to monitor and enforce their agreements. For these reasons, the Commission imposed on the companies fines of nearly € 70 million. 976aec38-eac7-4000-bae8-a05a1e6c2be7 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Introduces-New-Settlement-Procedure-for-Cartel-Cases The European Commission today introduced a new settlement procedure for cartel cases, under which the parties that acknowledge their participation in a cartel may obtain a 10% reduction in fines. This procedure is intended to simplify the Commission’s administrative processes, freeing up resources so that it can pursue new cases. It may also reduce the number of appeals to the European Courts in cartel cases. Parties do not automatically have a right to settlement under the new process, and the Commission will have full discretion to determine whether a case is suitable for settlement. Nor will the Commission negotiate the use of evidence or the appropriate sanction. The Commission will inform the parties of its case and the supporting evidence. Parties will then have to indicate whether they wish to pursue a settlement. In order to settle, parties will have to acknowledge the scope and duration of the cartel as ... 18d2ec6f-e95b-4af3-93e6-34c57393ddbd Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTCs-Bureau-of-Competition-Issues-Report-and-Statement-Emphasizing-Continued-Scrutiny-of-Pharmaceutical-Agreements On May 21, 2008, underscoring its close scrutiny of settlements and other agreements concerning generic drugs, the Bureau of Competition of the Federal Trade Commission ("FTC") released its Summary of Agreements Filed in FY 2007, A Report by the Bureau of Competition for agreements filed under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ("MMA"). Simultaneously, the FTC released a statement reflecting the FTC's intent to continue to scrutinize these agreements and take action when these arrangements risk harm to consumers. Commissioner Jon Leibowitz commented that "pay-for-delay settlements continue to proliferate," and FTC Chairman William E. Kovacic said that the report "confirms that settlements with potentially anticompetitive arrangements continue to be prevalent." Chairman Kovacic also stated that the FTC "remains committed to ensuring that brand and generic companies do not use such settlements as a way to deny consumers the benefits of competition." 8bfcd0fc-9382-4ee1-85ca-973a3e1c6be2 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Nine-West-Steps-into-Leegins-Shoes-FTC-Modifies-2000-Consent-Order Shoe seller Nine West Group Inc. has successfully petitioned the FTC to modify a 2000 consent order in which the company agreed not to undertake agreements with its retailers setting minimum resale prices. The case provides a significant guidepost for U.S. manufacturers who have been searching for direction on what resale price maintenance ("RPM") practices might be considered acceptable since the Supreme Court abandoned its strict prohibition of minimum RPM agreements in 2007's Leegin Creative Leather Products vs. PSKS Inc. 19e6ac15-fab0-4969-81cf-f935c9c97ab5 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Antitrust-IP-Interface-DC-Circuit-Reverses-FTC-in-Rambus-Case-Involving-Alleged-Deception-of-Standards-Development-Organization In a landmark decision this week, the United States Court of Appeals for the D.C. Circuit unanimously reversed the Federal Trade Commission's decision that Rambus violated the antitrust laws for alleged deception of a standards development organization. While not addressing whether Rambus' conduct might still have violated Section 5 of the FTC Act independent of a violation of Section 2 of the Sherman Act, the court expressed "grave doubts" about any liability being found on remand. 991bf19f-48f9-41fb-b12f-0b1e8c6764e2 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Release-of-European-Commission-s-White-Paper-on-Damages-Actions-for-Breach-of-EC-Antitrust-Rules Today, the European Commission (“Commission”) released a White Paper on Damages Actions for Breach of EC Antitrust Rules together with a Commission Staff Working Paper and Impact Assessment Report. The White Paper is another step along the path toward legislative measures aiming to facilitate private enforcement of EU competition law. 4ae3c35c-2fd4-4cb0-b8a3-4b6b96c54b96 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Uniteds-Acquisition-of-Sierra-Proceeds-with-Settlement-of-Medicare-Advantage-Antitrust-Allegations The United States Department of Justice (the “Department”) and the Nevada Attorney General settled allegations on February 25, 2008 that UnitedHealth Group’s ("United") acquisition of Sierra Health Services ("Sierra") would harm competition in the sale of Medicare Advantage (“MA”) plans in the Las Vegas area. The acquisition closed later that same day. Crowell & Moring represented Sierra in the transaction. 3fa34877-ec01-4724-a291-a867b3cbb1bf Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Record-Fine-EUR-899-million-Imposed-on-Microsoft-Today Today, the European Commission (“Commission”) has imposed a fine of EUR 899 million on Microsoft for its non-compliance with the Commission’s Decision of March 2004. This is the second time the Commission has fined Microsoft for non-compliance with its March 2004 decision and the highest fine ever imposed on a single company by the Commission for the violation of competition law. Together with the first penalty decision for non-compliance (EUR 280.5 Million) and the original fine of EUR 497 million for violations of competition law Microsoft has to pay fines of more than EUR 1.6 billion in total. fea132f0-5870-4dd9-bd22-11cbdc555bf9 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Crowell-Moring-Obtains-Victory-In-First-Tried-Indirect-Purchaser-Pharmaceutical-Antitrust-Case Crowell & Moring lawyers, led by Robert T. Rhoad, obtained a significant victory on behalf of Health Care Service Corporation ("HCSC") in the first and only indirect purchaser antitrust case to date tried to verdict involving the pharmaceutical industry. On Thursday, January 24, 2008, Chief Judge Thomas F. Hogan of the U.S. District Court of the District of Columbia granted HCSC's motion to treble the damages awarded by the jury to HCSC in the In re Lorazepam & Clorazepate Antitrust Litigation (D.D.C.). Initially, HCSC was included within a class of indirect purchasers/third-party payors in the underlying class actions. Although the class litigation was settled, HCSC, along with three other third-party payors (Blue Cross Blue Shield of Massachusetts, Blue Cross Blue Shield of Minnesota and Federated Mutual Insurance Co.), elected to opt-out of the class settlement and litigate their antitrust claims on their own. 6c7587b9-e797-454f-b3d5-9f66dfae04e7 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Key-HSR-Filing-Threshold-Will-Increase-To-631-Million-As-Of-Feb-28 The Federal Trade Commission recently revised the jurisdictional and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The dollar thresholds of the HSR Act and Rules are indexed on an annual basis, based on changes in the U.S. gross national product. As a result of the recent changes, the size-of-transaction threshold will increase from $59.8 million to $63.1 million. In addition, the size-of-party thresholds, the filing fee thresholds and the thresholds applicable to certain exemptions to the HSR Act will also increase. These revisions will become effective on February 28, 2008. 1f48a67d-11d5-4a4b-89d1-6a4c2455c25a Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Imposes-38-Million-Fine-On-EON-For-Breach-Of-A-Seal-During-An-Inspection 725f63b6-e0b5-4aaa-a5e9-8ddf0b00ee30 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-launches-dawn-raids-against-pharmaceutical-companies-despite-having-no-specific-evidence-of-wrongdoing Yesterday, the European Commission launched an inquiry into the pharmaceuticals sector by carrying out dawn raids on several of the world’s largest pharmaceuticals companies – including GlaxoSmithKline, AstraZeneca, Sanofi-Aventis and Pfizer. 9914f5df-e777-42e5-b303-3e44d3129586 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Commission-Toughens-Stance-on-Early-Implementation-of-Mergers-and-Acquisitions-Gun-Jumping On 12 and 13 December, the European Commission carried out ‘dawn raids’ on two PVC manufacturers in the UK. The companies are suspected of implementing a notifiable merger without first obtaining the mandatory regulatory clearance from the Commission – so-called ‘gun jumping’ – in breach of Article 7(1) of the EC Merger Regulations. The Commission’s concerns appear to include the exchange of sensitive information between the companies. If the companies are found guilty of gun-jumping, the Commission has powers to impose fines of up to 10% of their total worldwide group turnover. f81b67d3-7443-47c4-9cfa-9ab5b6a11b68 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/German-Bundesgerichtshof-Federal-Supreme-Court-Provides-Guidance-on-the-Definition-of-the-De-Minimis-Clause-in-Determining-Whether-a-Merger-Is-Subject-to-German-Merger-Control Last Friday, in a controversial and long-awaited decision, the German Bundesgerichtshof clarified the de minimis merger filing exception in Germany. In Germany, merger filings are required if the thresholds are met and the concentration has an impact on the market unless the market affected by the merger is a de minimis market. What constitutes a de minimis market has been the subject of considerable debate. In its judgment the Bundesgerichtshof clarifies the so-called “minor market clause” (section 35 (2), no. 2 Act against Restraints of Competition (“ARC”)). 1983b733-943f-447d-895c-c5144c0ec8dc Sun, 27 Jan 2013 17:14:16 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/The-Fourth-Circuit-Derails-Class-Action-by-Sending-Conspiracy-Claims-to-Individual-Arbitrations On Friday, the U.S. Court of Appeals for the Fourth Circuit held that class representatives in a price-fixing case against manufacturers of cotton yarn must arbitrate their claims. In re: Cotton Yarn Antitrust Litigation, No. 05-2392, 2007 WL 2965586 (4th Cir. Oct. 12, 2007). In an opinion that reflects the strong national policy favoring arbitration, the Fourth Circuit rejected plaintiffs’ contentions that the manufacturers’ arbitration provisions, which include non-joinder clauses and a one-year limitations period, unduly frustrate plaintiffs’ rights under the Sherman and Clayton Acts. 3ff9877d-6829-422a-aff9-b5812a5b93d7 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/EU-Ruling-Deals-Blow-to-Microsoft In a long-awaited decision issued early this morning, the European Union’s Court of First Instance (CFI) rejected Microsoft’s appeal and upheld one of the most controversial decisions of the European Commission to date. The CFI, the second highest European court, affirmed the Commission’s substantive findings against Microsoft and upheld steep fines against the software supplier. 90d4960f-b07d-4b8d-8765-829e1655af4e Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Practical-Considerations-Arising-From-Supreme-Courts-Leegin-Decision-Overturning-Per-Se-Treatment-of-Minimum-Resale-Price-Maintenance-Agreements Today, the Supreme Court overturned nearly a hundred years of antitrust precedent in a groundbreaking 5-4 decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. The decision overturned Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911), which made it per se illegal for a manufacturer and its distributor to agree on a minimum price at which the distributor may resell the manufacturer’s goods. Dr. Miles’s demise completes a long series of Court decisions loosening restrictions on manufacturers’ ability to structure and discipline their distribution networks as they see fit, including 1977’s Continental T.V., Inc. v. GTE Sylvania Inc., 433 U.S. 36, and 1997’s State Oil v. Khan, 522 U.S. 3 (abolishing the treatment of nonprice vertical restraints and maximum RPM agreements, respectively, as per se illegal). c9d4a5ed-06c1-41c1-beb9-a0a0aa7abc0d Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Supreme-Court-Decision-Raises-Standard-for-Pleading-Conspiracy-Cases-Under-Section-1-of-the-Sherman-Act Yesterday, the Supreme Court handed down a key antitrust decision that will make it more difficult to bring conspiracy cases under Section 1 of the Sherman Act. In its much anticipated opinion in Bell Atlantic Corp. v. Twombly, the Court adopted a pleading standard that considerably raises the bar for plaintiffs in antitrust (and possibly other) cases. The ruling will make many more antitrust complaints subject to dismissal at the pre-discovery stage. 617e794c-c095-4afc-8f8f-5f58cca518ff Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/The-DOJ-And-FTC-Issue-Their-Second-Report-On-The-Interface-Of-IP-And-Antitrust-Law Yesterday, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued their long-awaited second report on the interface between Antitrust and Intellectual Property laws. In 2002, the agencies held hearings on this issue, receiving testimony from more than 300 panelists and more than 100 written comments. 59475c7c-e5b9-428f-8e7b-c196fa3abe33 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Senators-Grill-Antitrust-Officials-over-Lax-Merger-Enforcement The newly formed Senate Subcomittee on Antitrust, Competition Policy and Consumer Rights of the Senate Judiciary Committee cross-examined Assistant Attorney General for Antitrust Thomas O. Barnett, and FTC Chairman Deborah Platt Majoras on the perceived leniency of their respective merger enforcement practices. c292b0fe-04e8-409e-82aa-25c412f091e9 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Supreme-Court-Brings-Law-on-Predatory-Buying-into-Line-with-Existing-Rule-on-Predatory-Selling On Tuesday February 20th, the Supreme Court delivered a unanimous decision making it more difficult for businesses to run afoul of the antitrust law for buying inputs at high prices. In the case, Weyerhaueuser Co. v. Ross-Simmons Hardwood Lumber Co., the Court overturned a jury verdict awarding damages to the now-shuttered Ross-Simmons lumber company. ec5b66f3-ef57-48d0-9a4c-ff5ec9a5784a Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Draft-EC-Notice-On-Non-Horizontal-Mergers On 13 February 2007, the European Commission published its eagerly awaited draft guidelines to govern non-horizontal mergers falling within the scope of the EC Merger Regulation. 263ae94d-7869-4a7e-af1d-8bbb3222cba7 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Compulsory-Licensing-As-An-Antitrust-Remedy The Federal Trade Commission has issued its final order in the remedy phase of its proceedings against Rambus, Inc. The Commission previously ruled that Rambus' false statements about its patent portfolio to a standard-setting organization enabled it to monopolize the markets for four technologies incorporated into standards set by the Joint Electron Device Engineering Council (“JDEC”). 05b0c453-907b-4333-aee9-91df051d120f Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/European-Antitrust-Alert fbd8caa3-c024-4f72-9a2c-c878a6c0c9fa Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Issues-New-HSR-Thresholds Today the Federal Trade Commission released its annual revisions to the jurisdictional and filing fee thresholds applicable under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). 41841d80-c67c-448a-ae73-b0e5735af318 Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/Opening-up-Energy-Markets-in-Europe When Neelie Kroes (European Commissioner for Competition) took office in 2004, she announced that competition enforcement in the energy sector would be one of the key priorities for the new European Commission. Accordingly, in June 2005 she took the rather unusual step of initiating a formal Sector Inquiry into the European energy markets. The initial results were published in November 2005 and a preliminary report in February 2006 which was then subject to public consultation. Today the European Commission has published the final report. 0a186e70-26ab-4890-afa3-d2020b6a9d3c Fri, 08 Apr 2011 17:37:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Antitrust-Law-Alert/FTC-Reaches-Settlement-With-Major-Weight-Control-Pill-Marketers The FTC announced yesterday that it has reached a $25 Million settlement agreement with the marketers of weight-control pills Xenadrine EFX, CortiSlim and CortiStress, TrimSpa, and One-A-Day WeightSmart. The settlements were the result of complaints the agency filed against each party, alleging deceptive marketing in connection with unsubstantiated advertised claims regarding the efficacy of the products.