Intellectual property

Anticompetitive practices

Intellectual property and antitrust: An overview of EU and national case law
White & Case (Brussels)
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White & Case (Brussels)
The interaction between competition rules and intellectual property (“IP”) rights continues to be the source of lively debates in Brussels and other capitals across the globe. IP lawyers lament that competition lawyers do not understand IP rules and that competition intervention undermines the (...)

Standards, patent pooling and competition*
European Court of Justice (Luxembourg)
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White & Case (Brussels)
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Metroconsult (Turin)
This is a set of 3 short papers on IP and standardisation. The first paper, assuming that in the field of ICT standardisation the future will look like the present, holds that developing corporate and government strategies on this assumption may prove a costly illusion for many actors. A (...)

The EU Court of Justice rules on restrictions by object in a case regarding payment card rules (Groupement des cartes bancaires)
DLA Piper
Article 101 (1) TFEU prohibits agreements, vertical or horizontal, "which have as their object or effect the restriction or distortion of competition." Competition lawyers in the European Union are brought up on the idea that there are two types of competition law offences under Article 101 (...)

The US FTC files a complaint before the District Court for the Eastern District of Pennsylvania asserting that reverse payments do not have to be cash or monetary in order to violate antitrust laws (AbbVie)
Constantine Cannon (New York)
Regulators Prescribing Higher Dose Of Pharmaceutical Antitrust Enforcement* Antitrust enforcers returned to their offices after Labor Day, refreshed and ready to tackle what they view to be anticompetitive practices by pharmaceutical companies to delay entry of lower-priced generic drugs. In (...)

The U.S. District Court for the District of Rhode Island issues concerning ruling on drug patent settlements (Loestrin)
Rutgers University
On September 4, 2014, Judge William Smith of the U.S. District Court for the District of Rhode Island issued a concerning ruling on drug patent settlements. In In re Loestrin 24 FE Antitrust Litigation, 2014 WL 4368924 (D.R.I., Sept. 4, 2014), Judge Smith misapplied the Supreme Court’s landmark (...)

The Indian Competition Commission pertains for the first time to the concept of ‘aftermarkets’ and discusses the interface between IPRs and competition law (Honda, Volkswagen, Fiat)
Indian Competition Commission (New delhi)
CCI Order on Car Manufacturers for Anti-Competitive Conduct* Facts: Information was filed under Section 19(1)(a) of the Competition Act, 2002 (“Act”) initially against 3 car manufacturers alleging anti-competitive practices on part of the opposite parties (“OPs”). OP1 to OP3 were involved in the (...)

A US District Court holds that NCAA restrictions on college players exploiting and receiving licensing revenue from the use of their names, images and likenesses violates antitrust law (O’Bannon / NCAA)
Constantine Cannon (New York)
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Constantine Cannon (New York)
NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition* Although competition scored a win on Friday in the student athletes’ antitrust suit led by former UCLA basketball player Ed O’Bannon against the NCAA, it wasn’t a complete blowout. Judge Claudia Wilken of the U.S. (...)

U.S. Court finds that an athletics association’s rules restricting payments to student-athletes violate antitrust laws (O’Bannon v. NCAA)
Rutgers University
On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association (NCAA), Judge Claudia Wilken of the U.S. District Court for the Northern District of California found that the NCAA violated the antitrust laws by enacting rules that prevented student-athletes from being paid for the use (...)

The Court of Justice of the European Union answers a request for a preliminary ruling about use trademarks to prevent the importation of spare parts (Honda)
Van Bael & Bellis (Brussels)
On 17 July 2014, the Court of Justice of the European Union (“ECJ”) answered a request for a preliminary ruling from a Greek Court (Monomeles Protodikeio Athinon) inquiring as to whether the use by Honda Giken Kogyo Kabushiki Kaisha (“Honda”) of its trademarks to prevent the importation of Honda (...)

The EU Commission imposes a fine of € 427.7 million on a French pharma manufacturer and five generic companies as regards pay-for-delay settlements impeding price competition on the market for blood pressure medicines (Servier)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. The EU Commission Decision against Servier – a New Dimension to European Pharmaceutical Antitrust?* On 9 July 2014 the European Commission announced its decision to impose a fine of €427.7 million on French drug maker Servier and five (...)

A US Court deals with a complaint based on an allegation of anti-competitive restrictions preventing payments to players for use of their name, image, and likeness (O’Bannon / NCAA)
Womble Carlyle Sandridge & Rice (Charlotte)
Three Questions for the Third Week of the O’Bannon v. NCAA Trial* As the O’Bannon v. NCAA trial enters its third week, commentators are already predicting the fall of the “college sports cartel.” In the case, a group of about 20 current and former college men’s basketball and football players, led (...)

The Australian Competition and Consumer Authority issues a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers (Seedvise)
Australian Competition and Consumer Commission
ACCC proposes to authorise plant breeders’ collective bargaining arrangements* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers they engage to collect (...)

The US FTC files an amicus brief in the Court of Appeals explaining that commitment not to compete raises the same antitrust concerns as the reverse-payment patent settlements (King Drug / SmithKlineBeecham)
DLA Piper Weiss-Tessbach (Vienna)
U.S. FTC files an amicus brief in the Court of Appeal urging to reverse the District Court finding in the Lamictal Direct Purchase Antitrust Litigation* On 28 April, 2014 the Federal Trade Commission (“FTC”) filed an amicus brief in the Court of Appeals for the Third Circuit in the (...)

The Finnish Competition and Consumer Authority releases a report concerning the lack of uniformity among authorities in licensing and supervision practices
Finnish Competition and Consumer Authority (FCCA)
FCCA: Lack of uniformity in licensing and supervision practices hurt the ability of companies to operate on the market* The lack of uniformity among authorities in licensing and supervision practices make it more difficult for companies to enter the field and expand their operations, according (...)

The Italian Competition Authority establishes an anticompetitive agreement in the market for ophthalmic drugs used to treat vascular eyesight diseases (Roche / Novartis)
Stanford University - Stanford Law School
Italian Competition Authority imposes hefty fines on Roche and Novartis* On 27 February 2014, the Italian Competition Authority (“ICA”) issued a decision (in Italian only) finding that Roche and Novartis entered into an anticompetitive agreement in the market for ophthalmic drugs used to treat (...)

The Canadian Competition Bureau announces new regulatory intervention efforts into the regulation of pharmacists in Alberta
Steve Szentesi Law Corporation
Competition Bureau Announces First New Advocacy Initiative: Self-regulated Professions (Pharmacist Inducements in Alberta): Patient Care v. Competitive Markets* On September 10th, the Canadian Competition Bureau announced a public consultation for suggestions where it should intervene in (...)

A US District Court denies the motions to dismiss the plaintiff’s amended complaint against the "anti-troll" group organizing a boycott of android related patents (Cascades Computer Innovation / RPX)
Orrick, Herrington & Sutcliffe (San Francisco)
“Anti-Patent Troll” Fails to Secure Dismissal of Amended Antitrust Complaint* Back in January, I covered the case of Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), where Judge Yvonne Gonzalez Rogers dismissed – with leave to amend – Cascades’ (...)

The Spanish Competition Authority fines media company and football clubs for breaching a resolution on the acquisition of broadcasting rights for football competitions (Mediapro, Real Madrid, FC Barcelona, Sevilla and Racing de Santander)
European Commission (Brussels)
Spain: The Comisión Nacional de los Mercados y la Competencia fines Mediapro and four Football Clubs € 15 000 000* On 2 December 2013, the Council of the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or CNMC) imposed fines amounting to € 15 (...)

The EU Commission is set to open an investigation that could outlaw exclusive territorial models of pay-TV licensing
Blackstone Chambers
Murphy, round 2: does exclusive territorial licensing of pay-TV breach EU competition law?* According to a report in the Financial Times on 24 November 2013, the European Commission is on the verge of commencing a formal investigation into potentially anti-competitive restrictions in pay-TV (...)

The US District Court of Northern California rejects the motion of the defendants to dismiss challenging antitrust claims arising out of an exclusive license deal (Patrick Dang/San Francisco Forty Niners)
Orrick, Herrington & Sutcliffe (San Francisco)
Single-Brand Market Claims Are Not Dead* Modern antitrust law’s focus on inter-brand competition has made it much more difficult to plead and prove single-brand market claims. The law’s concern with inter-brand competition is so strong that some observers have all but written off such claims as (...)

The Spanish Competition Authority imposes fines on three entities for setting up a traceability system that led to restrictions of sales of a specific sort of tangerine (Nadorcott Protection, Carpa Dorada, Club de Variedades Vegetales Protegidas)
Van Bael & Bellis
On 4 July 2013, the CNC fined three entities for setting up a traceability system that led to restrictions of sales of the Nadorcott tangerine. The fined entities were the holder of the Community plant variety rights for the Nadorcott tangerine (Nadorcott Protection, S.A.R.L.); an (...)

The EU Commission fines pharmaceutical companies for delaying market entry of generic medicines (Lundbeck)
Stanford University - Stanford Law School
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RSM US
European Commission fines Lundbeck and other pharmaceutical companies for delaying market entry of generic medicines* On 19 June 2013 the European Commission issued a press release stating that it had imposed fines in the amount of € 93,8 million on Lundbeck (a Danish pharmaceutical company) (...)

The EU Commission imposes fines totalling € 145 M on Danish pharmaceutical group over “pay-for-delay” agreements (Lundbeck)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis
On 19 June 2013, the European Commission announced that it had imposed a fine of € 93.8 million on Danish pharmaceutical group Lundbeck and fines totalling € 52.2 million on several generic medicines producers over their conclusion of so-called “pay-for-delay” agreements intended to hinder the (...)

The EU Commission fines pharmaceutical companies for delaying market entry of generic medicines through pay-for-delay agreements (Lundbeck)
European Commission (Brussels)
European Commission: Lundbeck and other Pharmaceutical Companies fined for delaying Market Entry of Generic Medicines through pay-for-delay Agreements* On 19 June 2013, the European Commission (the Commission) imposed a fine on the Danish pharmaceutical company Lundbeck and a number of (...)

The US Supreme Court establishes a rule that blurs the lines between antitrust and patent law (Actavis)
Sheppard Mullin (Chicago)
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Sheppard Mullin (Washington)
FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements?* On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatch-Waxman litigation. In FTC v. Actavis, 570 U.S. 756 (2013), the Federal Trade (...)

The US Supreme Court holds that patent protection does not confer immunity from antitrust attack (Actavis)
Stanford University - Stanford Law School
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RSM US
U.S. Supreme Court reverses Eleventh Circuit opinion in FTC v. Actavis, Inc* On 17 June 2013, the U.S. Supreme Court (“the Court”) reversed a decision by the Court of Appeals (Eleventh Circuit). The Court of Appeals had upheld a dismissal of a complaint made by the Federal Trade Commission (...)

The US Supreme Court holds that reverse-payment patent settlements should be reviewed under the antitrust rule of reason (Actavis)
O’Melveny & Myers (Washington)
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O’Melveny & Myers (Los Angeles)
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O’Melveny & Myers (Los Angeles)
But Decision Raises as Many Questions as it Answers The Supreme Court yesterday held that it may be unlawful under the antitrust laws for a brand-name drug manufacturer to resolve patent litigation against an allegedly infringing generic drug maker by paying the generic to forestall market (...)

The US Supreme Court issues first ruling on antitrust legality of reverse-payment drug patent settlements (Actavis)
Rutgers University
On June 17, 2013, in FTC v. Actavis, the U.S. Supreme Court for the first time examined the antitrust legality of agreements by which brand-name drug companies pay generics to delay entering the market. Justice Stephen Breyer wrote the majority opinion for five Justices, concluding that these (...)

The UK OFT issues a statement of objections to four pharma manufacturers for anticompetitive agreements over the supply of paroxetine (GSK / GUK / Alpharma / IVAX)
Stanford University - Stanford Law School
UK OFT investigates GSK and generics manufacturers over pay for delay deals* On 19 April 2013 the UK Office of Fair Trading (“OFT”) issued a Statement of Objections to GlaxoSmithKline (“GSK”) and three generics manufacturers (Alpharma Limited, Generics UK Limited and Norton Healthcare Limited) (...)

The UK OFT issues statement of objections to four pharma companies alleging they acted to delay effective competition in the national supply of an antidepressant medicine (GSK / GUK / Alpharma / IVAX)
Blackstone Chambers
To fight or not to fight: pharmaceutical patent settlements* On 19 April 2013, the OFT announced that it had issued a Statement of Objections following its investigation into patent litigation settlement agreements (PLSAs) in the pharmaceutical sector. The underlying factual complaint related (...)

EU Commission proposes a draft for a revised regulation on the application of art. 101(3) TFEU on agreements for technology transfer
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy Blog. Competition Law as a complement to Intellectual Property Law?* The European Commission is currently consulting on proposed revisions to the Technology Transfer Block Exemption Regulation (TTBER) and associated Guidelines. These (...)

The Italian Competition Authority opens investigation against pharmaceutical companies over suspected cartel in ophthalmologic medicines market (Novartis and Roche)
Van Bael & Bellis
On 14 February 2013, the Italian Competition Authority (the “Authority”) announced that it had opened an investigation against Genentech Inc., Hoffmann-La Roche Ltd, Novartis AG, Novartis Farma S.p.A. and Roche S.p.A., over suspicions that these may have been operating an illegal cartel in (...)

The Italian Competition Authority opens proceedings against pharmaceutical companies in relation to an alleged anticompetitive agreement for restricting drug sales (Roche, Novartis)
Stanford University - Stanford Law School
Roche and Novartis investigated for an alleged cartel in Italy* On 6 February 2013 the Italian Competition Authority opened proceedings against the Roche Group and the Novartis Group in relation to an alleged anticompetitive agreement for excluding the ophthalmic use of Roche’s Avastin in order (...)

A US District Court dismisses with leave to amend antitrust claims against high-tech producers employing the android operating system (Cascades Computer Innovation / RPX)
Orrick, Herrington & Sutcliffe (San Francisco)
Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?* A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne (...)

The US FTC releases a summary of its new report on pharma patent litigation finding an increase in "reverse payment" settlements based on expanded definition of "payments"
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Chicago)
With the Supreme Court set to address the validity of "reverse payment" settlements of pharmaceutical patent litigation, the FTC released a summary of its new report, announcing that in 2012 drug companies entered "a record number" of such settlements. However, the underlying data and analysis (...)

The U.S. FTC applies questionable principles to the enforcement of fair reasonable and non discriminatory - obligated SEPs through injunction in its settlement with leading web search engine (Google)
Techfreedom
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International Center for Law & Economics
Introduction In January of 2013, the Federal Trade Commission and Google (acting through its subsidiary, Motorola Mobility) signed a Consent Order ending the agency’s investigation into a number of practices. Much of the Order is aimed at imposing antitrust-based limits on the allowable process (...)

The EU Commission renders legally binding commitments regarding competition concerns on markets for aluminium smelting equipment (Rio Tinto Alcan)
Stanford University - Stanford Law School
European Commission renders legally binding commitments on Rio Tinto Alcan* On 20 December 2012, the Commission issued a press release stating that it has made legally binding the commitments offered by Rio Tinto Alcan (“Alcan”) to address the Commission’s concerns that Alcan might have infringed (...)

The US Supreme Court grants certiorari to consider the legality of reverse payment settlements (Actavis)
Stanford University - Stanford Law School
U.S. Supreme Court grants certiorari to consider the legality of reverse payment settlements* On 7 December 2012 the U.S. Supreme Court granted a petition to consider whether reverse payment settlement agreements are per se lawful or presumptively anti-competitive. In the case (U.S. Federal (...)

A US District Court denies motion to dismiss an action against a SSO in a case of alleged conspiracy to exclude plaintiff’s technology from the latest 4th generation global standard for mobile telecommunications (TruePosition / Ericsson)
Davis Wright Tremaine
Antitrust & Associations: “Standard Setting Can Be Risky Business”* Virtually every industry, from telecommunications to agriculture, has benefited from standard-setting organizations (SSOs), whose collaborative work can advance technology, promote health and safety, and enhance quality and (...)

A US Court of Appeals applies a quick look rule of reason and rejects scope of the patent test when considering whether pharma patent settlement violates the antitrust laws (Schering-Plough)
Hyman, Phelps & McNamara
In our post, “Hot Ticket Item – Patent Settlement Agreement Challenges,” we provided a round-up of the latest and greatest from ongoing litigation concerning patent settlement agreements (or “pay-for-delay” agreements if you prefer that term – we don’t). It’s only been about three weeks since that (...)

A US Court of Appeals rejects the “scope of the patent” test in favor of a “quick look” rule of reason analysis when reviewing reverse payment settlements between patent holders and would be generic competitors in the pharmaceutical industry (Schering-Plough)
Vinson & Elkins (Dallas)
Citing the dire consequences for companies seeking to comply with antitrust law in the wake of a direct circuit split, major pharmaceutical makers are asking the Supreme Court to review a Third Circuit decision that declared settlement payments by brand-name pharmaceutical companies to (...)

The US Court of Appeals for the Third Circuit rejects Scope-of-Patent test in antitrust challenge to patent settlements (K-Dur)
Wolters Kluwer (Riverwoods)
Third Circuit Rejects Scope-of-Patent Test in Antitrust Challenge to K-Dur Patent Settlement* Reverse payments settlements between patent holders and would-be generic competitors in the pharmaceutical industry should be reviewed under a “quick look” rule of reason analysis based on the economic (...)

A US Court of Appeals holds that although reverse payment settlements between brand-name and generic pharmaceutical manufacturers are not illegal per se, they are presumptively unlawful under the rule of reason (Schering-Plough)
Arnold & Porter (Washington)
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Hooper Hathaway
On July 16, 2012, in an opinion authored by Judge Sloviter, the Third Circuit issued its decision in the K-Dur “reverse payments” case, holding that although such settlements are not illegal per se, they are presumptively unlawful under the rule of reason. In so doing it rejected the approach (...)

The US Third Circuit, by adopting a quick look rule of reason analysis for evaluating the legality of reverse payment settlements, rejects the prevailing "scope of patent" test and creates a Circuit split on this issue (Louisiana Wholesale Drug Company, Schering, Upsher-Smith)
Gill Jennings & Every LLP
On 16 July 2012, the US Third Circuit Court of Appeals rejected the scope of the patent test used by the New Jersey District Court in concluding that the patent settlement agreements (“Agreements”), providing for payments from Schering-Plough Corporation (“Schering”) (subsequently acquired by Merck (...)

The UK Supreme Court rejects the respondent’s arguments that enforcement of the plaintiff’s trade marks could lead to infringements of EU law (Oracle America / M-Tech Data)
Blackstone Chambers
Supreme Court puts brake on “Euro defences”* The UK Supreme Court has given trade mark proprietors reason to celebrate, in a judgment which is likely to have important consequences for the success of “Euro defences” more broadly. See: Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech (...)

The US Court of Appeals for the 11th Circuit reaffirms that the “scope of the patent” test is the proper standard of antitrust review of the reverse payment settlements among pharmaceutical companies (Solvay/Watson/Paddock)
United First Partners
Introduction In FTC v. Watson Pharmaceuticals, Inc. (“Watson”), the Eleventh Circuit reaffirmed its long line of precedents and held that, absent sham litigation or fraud in obtaining the patent, the “scope of the patent” test should be used to evaluate antitrust challenges to the reverse payment (...)

A US Court of Appeals rejects FTC’s approach to "pay-for-delay" settlement between brand name and generic drug companies as an unlawful agreement not to compete under S. 5 of the FTC Act (Watson Pharmaceuticals)
Wolters Kluwer (Riverwoods)
Eleventh Circuit Rejects FTC’s Approach to Pay-for-Delay Settlements as “Turducken Task”* The U.S. Court of Appeals in Atlanta rejected on April 25, 2012 the Federal Trade Commission’s challenge to a patent litigation settlement between brand name and generic drug companies as an unlawful (...)

The Romanian Competition Council finalises its report in an inquiry into the automotive spare parts market
Kinstellar (Bucarest)
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OMV Petrom
In February 2009, a sector inquiry was initiated by the Romanian Competition Council (the “Competition Council”) aiming at a better understanding of the auto vehicle spare parts market. On 18 April 2012, the Competition Council published its findings in a detailed report (the “Report”). The (...)

The Italian Competition Authority fines pharma undertaking for abusing its dominant position in the market for products for the treatment of visual glaucoma (Pfizer)
Stanford University - Stanford Law School
Italian Competition Authority fines Pfizer for abuse of dominance relating to visual glaucoma drugs* On 11 January 2012 the Italian Competition Authority (“ICA”) issued a decision fining Pfizer Euro 10.6 million for abusing its dominant position in the market for products for that treat visual (...)

A US District Court dismisses claims of anti-competitive exclusion of positioning technology from standards (Trueposition / Ericsson)
Stanford University - Stanford Law School
U.S. District Court dismisses claims of anti-competitive exclusion of positioning technology from standards* On 6 January 2012 the U.S. District Court for the Eastern District of Pennsylvania granted motions to dismiss claims that manufacturers of mobile telecommunications products conspired (...)

The Romanian Competition Council fines two suppliers of prescription-only medicines and their distributors for parallel export restrictions (Baxter / Belupo)
Peli Filip
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Peli Filip
On 28 October 2011, the Romanian Competition Council (the “Council”) published Decisions n° 51 and 52/28.10.2011 sanctioning two suppliers of prescription-only medicines - Belupo Iijekovi & kozmetica d.d. Croatia (“Belupo”) and Baxter AG Switzerland (“Baxter”) - and their distributors on the (...)

The EU Court of Justice rejects the argument that the prohibition on the import, sale and use of foreign decoding devices was necessary to ensure compliance with the UK blackout rule (Football Association Premier League)
Den Haag, Asser Institute
Premier League fans in Europe worse off after Murphy judgment* When the European Court of Justice (CJ) delivered its judgment in joined cases FA Premier League v QC Leisure and others (C-403/08) and Karen Murphy v Media Protection Services (C-429/08) (Murphy), it was deemed a radical (...)

The European Court of Justice validates exclusive rights for broadcasting of sports events provided they do not grant absolute territorial exclusivity (Football Association Premier League)
Vogel & Vogel
The Football Association Premier League (FAPL), holder of the television broadcasting rights for the Premier League, the leading professional football league competition for football clubs in England, grants exclusive licences in respect of those broadcasting rights to one TV channel per (...)

The European Court of Justice renders its judgment on licensing of satellite broadcasting holding that national law blocking the importation of foreign decoders is contrary to freedom to provide services (Football Association Premier League)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Court of Justice Speaks On Licensing Of Satellite Broadcasting* On October 4, the European Court of Justice rendered its judgment in Premier League v QC Leisure. For a discussion of the background to the case and the opinion of the Advocate General see here. The Court concludes that (...)

Washington State passes revised unfair competition law increasing exposure for misappropriated IP
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
US State Unfair Competition Laws Create Increased Exposure for Misappropriated IP* For many years, information technology companies in the United States have expressed concern regarding what they have perceived to be the prevalence of pirated software in certain countries. One recent report, (...)

The Spanish Competition Authority fines associations in press clippings sector (Asociación de Editores de Diarios Españoles, Asociación Española de Prensa Gratuita, Asociación Federativa de Empresas de Clipping)
Van Bael & Bellis (Brussels)
The Spanish Competition Authority has recently imposed fines totalling € 335,000 on the Association of Spanish Newspaper Editors (Asociación de Editores de Diarios Españoles- AEDE), the Spanish Free Press Association (Asociación Española de Prensa Gratuita- AEPG) and the Federative Association of (...)

The EU Commission opens investigation against two pharmaceutical companies on account of patent settlement agreement (Cephalon / Teva)
Van Bael & Bellis
On 28 April 2011, the European Commission opened of its own motion formal competition proceedings against Cephalon, Inc. (“Cephalon”) and Teva Pharmaceutical Industries, Inc. (“Teva”) on account of a patent settlement agreement between the parties. Under the agreement, Teva undertook not to sell (...)

The US Supreme Court declines to review a Second Circuit ruling permitting a reverse-payment settlement between branded and a generic pharmaceutical manufacturers (Lousiana Wholesale Drug / Bayer)
Vinson & Elkins (Washington)
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Reese Gordon Marketos
A growing consensus among federal courts that so-called “reverse-payment” settlements rarely violate antitrust law has not tempered antitrust enforcement authorities’ opposition to such deals. In the pharmaceutical industry, brand-name drug manufacturers may file patent infringement lawsuits (...)

The ECJ Advocate General Kokott renders her opinion holding that the principle of exhaustion applies to the transmission of live football matches in the same way as to physical products (Football Association Premier League)
Cleary Gottlieb Steen & Hamilton (Brussels)
UK Pubs And Greek Decoders – The Implications Of The Premier League Case For The Dissemination Of Digital Content* The European Court of Justice is expected to render its judgment in Premier League v QC Leisure in the next few months. At the heart of the case, lies the question whether (...)

The ECJ Advocate General Kokott considers that territorial exclusivity agreements relating to the transmission of live football matches are contrary to European Union law (Football Association Premier League)
Wiggin (London)
I. Background The Football Association Premier League (“FAPL”) is the governing body of English Premier League football. Every year FAPL organises a competition in which 20 member clubs play against each other. FAPL is authorised by its members to license broadcasters to provide audiovisual (...)

A US District Court dismisses an antitrust suit brought against "catch and release" transactions on the market for licenses of mobile wireless-related patents (Siti / AST)
Stanford University - Stanford Law School
Antitrust suit against defensive patent purchasing organization dismissed* On 29 December 2010, the U.S. District Court for the Southern District of New York dismissed an antitrust suit brought by Siti-Sites.com, Inc. (“Siti”) against Allied Security Trust (“AST”) and allegedly associated entities (...)

The EU Commission declares that it won’t open formal proceedings against changed policies on restrictions imposed on the development of applications for smart phones operating system and cross-border warranties (Apple iPhone)
Stanford University - Stanford Law School
European Commission closes preliminary investigations into Apple’s iPhone policies* On 25 September 2010, the European Commission declared that it would not open formal proceedings against Apple, following Apple’s iPhone change of policies on restrictions on the development of applications (or (...)

The US Court of Appeals for the Federal Circuit clarifies requirements for patent misuse (Princo)
Stanford University - Stanford Law School
U.S. Federal Circuit (en banc) finds no patent misuse in Princo* On 30 August 2010 the U.S. Court of Appeals for the Federal Circuit (en banc, 8-2) found – in contrast to an earlier ruling by a panel of the Court – that an alleged agreement between Philips Corp. and Sony Corp. to suppress a (...)

The UK Court of Appeal grants permission to appeal and proceed to a full trial on defence against trademark infringement allegations (Oracle / M-Tech)
Stanford University - Stanford Law School
English Court of Appeal allows M-Tech’s appeal against Oracle* On 28 August 2010, the English Court of Appeal issued a judgment setting aside an order for summary judgment by the High Court of Justice, thus granting M-Tech permission to appeal and proceed to a full trial to defend itself (...)

The Finnish Competition Authority issues a study on EU Competition rules concerning technology agreements
European Commission (Brussels)
Finland: Study on EU Competition Rules concerning Technology Agreements* On 12 August 2010, the Ministry of Employment and the Economy published a report on competition rules applicable to technology agreements prepared by the Finnish Competition Authority. This report examines how EU (...)

The Italian Antitrust Authority accepts commitments submitted by the leading auction company following an investigation for unfair practice (Sotheby’s)
Codacons
The Italian branch of Sotheby’s, Sotheby’s S.r.l. (hereninafter SHT), sells and buys antiques, arts and collection items during public auctions. The Italian Antitrust Authority (hereinafter ICA), started investigation in March 2010, because was reported that SHT provided incomplete and deceiving (...)

The EU Commission publishes its second report on the monitoring of patent settlements in the pharmaceutical sector
Stanford University - Stanford Law School
European Commission report shows decrease of potentially problematic patent settlements* On 5 July 2010, the Commission published its second report on the monitoring of patent settlements in the pharmaceutical sector. The report shows that the number of patent settlements that may fall afoul (...)

The Chinese Anti-Monopoly Law Enforcer publishes new draft rules on monopoly agreements
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," anticompetitive (...)

The US Supreme Court reverses the lower court’s decisions addressing the issue of single entity notion under antitrust law (American Needle / National Football League)
University of Pennsylvania (Philadelphia)
American Needle, Inc. v. National Football League* In American Needle, Inc. v. National Football League, 130 S.Ct. 2201 (2010), the Supreme Court held that the NFL acting through its incorporated subsidiary NFL Properties, Inc. (NFLP) was not a single entity but rather a combination of its 32 (...)

A US District Court allows the reverse payment suits to proceed finding that the agreements extended beyond the scope of the concerned patent (Provigil)
Stanford University - Stanford Law School
U.S. District Court allows Provigil reverse payment suits to proceed* On 29 March 2010 the U.S. District Court for the Eastern District of Pennsylvania rejected defendants’ motions to dismiss in suits concerning reverse payment settlements between the brand name manufacturer of the (...)

The French Supreme Court agrees with European Court of Justice that a trademark owner can oppose the resale of its luxury goods by discount stores (Caud/Chanel)
Van Bael & Bellis
In its recently published judgment in Caud/Chanel, the French Supreme Court (Cour de Cassation) followed the approach of the European Court of Justice (“ECJ”) in Copad/Christian Dior Coutureconcerning the exhaustion of trademark rights in respect of luxury goods. In that judgment, the ECJ held (...)

The US DoJ remains concerned over coordination and exclusivity issues in proposed amended settlement among publishers and authors (Google Books)
Stanford University - Stanford Law School
U.S. Department of Justice remains concerned over antitrust issues raised by “Google Books” settlement* On 4 February 2010 the U.S. Department of Justice filed a statement of interest regarding the proposed amended settlement agreement in The Authors Guild Inc. et al. v. Google Inc. with the (...)

The EU Commission monitors whether patent settlements concluded between pharmaceutical companies infringe EU antitrust rules
Morgan Lewis (London)
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Squire Patton Boggs (London)
On 12 January 2010, the European Commission sent an information request to a number of pharmaceutical companies, seeking copies of their patent settlement agreements, to check their compliance with EU antitrust rules (Official Press Release IP/10/12), as a follow up to its pharmaceutical sector (...)

The US DoJ files amicus brief on reverse payment settlements on the market for broad spectrum antimicrobial medicines (Arkansas Carpenters Health/Bayer, Hoechst, Watson)
Stanford University - Stanford Law School
U.S. DOJ files amicus brief on reverse payment settlements* On 6 July 2009 the U.S. Department of Justice filed an amicus brief in a reverse payment settlement case on appeal before the 2nd Circuit (In re Ciprofloxacin Hydrochloride Antitrust Litigation). The filing is in response of an (...)

The Polish competition authority imposes a financial penalty on a collective copyright management association for practices restricting competition (SAWP)
Wiercinski Kwiecinski Baehr (Poznan)
,
Orange (Warsaw)
Introduction Polish competition authority questions the practices of the Polish Musical Performing Artists’ Association (SAWP - Stowarzyszenie Artystów Wykonawców Utworów Muzycznych i Słowno-Muzycznych). In the decision from June 10, 2009, the President of the Office of Competition and Consumer (...)

The European Court of Justice rules that a trade mark owner can oppose the resale of his luxury goods by discount stores (Copad, Christian Dior couture)
Van Bael & Bellis
On 23 April 2009, in its judgment in Case C-59/08 Copad SA v Christian Dior couture SA, the European Court of Justice (“ECJ”) shed further light on the often contentious topic of exhaustion of trade mark rights in respect of luxury goods. Christian Dior Couture SA (“Dior”) had concluded a licence (...)

The European Court of Justice dismisses appeal against rejection of complaint with respect to collective management of copyright for musical works in Greece (AEPI)
Van Bael & Bellis (Brussels)
On 23 April 2009, the European Court of Justice (“ECJ”) dismissed the appeal brought by AEPI against a judgment of the Court of First Instance (“CFI”) upholding the Commission’s decision to reject a complaint lodged by AEPI, a Greek entity in charge of collective management of intellectual property (...)

The French Civil Supreme Court rules that the violation by foreign websites of the obligation to inform consumers on the existence of a copyright levy constitutes unfair competition to a French company (Rue du Commerce v. Dabs, Omnisoft and others)
Google (Paris)
Copyright laws of most European Member States provide that the price of storage products such as tapes or discs include a copyright levy, to compensate authors whose work will be copied on these media. The amount of this copyright levy differing from one country to another, resellers of such (...)

A German court holds that reciprocal representation agreements concluded between national collecting societies are not void for breach of Art. 81 EC (GEMA / BUMA, STEMRA)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 7 November 2008, the Regional Court of Mannheim issued a decision on the validity of territorial limitations contained in reciprocal representation agreements concluded between national collecting societies. The case concerned the question whether a national collecting society was entitled (...)

The US Federal Circuit dismisses antitrust claims against reverse payment agreement between pharmaceutical companies (Ciprofloxacin Hydrochloride)
ArbJournal
On 15 October 2008 the Federal Circuit affirmed the grant of summary judgment by the Court for the Eastern District of New York that patent settlement agreements («Agreements») entered into between Bayer AG and Bayer Corp (collectively «Bayer») and several manufacturers of generic drugs providing (...)

The European Commission prohibits European collecting societies from restricting competition as regards the conditions for the management and licensing of authors’ public performance rights for musical works (CISAC)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The CISAC decision - creating competition between collecting societies for music rights"* I. Introduction On 16 July 2008 the European Commission adopted a decision prohibiting 24 European collecting societies from restricting competition as regards the conditions for the management and (...)

The Paris Commercial Court condemns a leading auction website to pay damages to perfume makers for a violation of their selective distribution networks (eBay)
Altana Law (Paris)
On 30 June 2008, the Commercial Court of Paris (Tribunal de Commerce de Paris) rendered three important decisions condemning the international auction website eBay mainly for its participation to an infringement of the IP rights of six manufacturers of luxury products belonging to the Louis (...)

The US Federal Trade Commission again moves forward against "reverse payment settlements" in pharmaceutical patent settlements (Cephalon)
Allen & Overy (New York)
,
RPCK Rastegar Panchal
On February 13th, 2008 the Federal Trade Commission (“FTC”) filed a complaint in the U.S. District Court for the District of Columbia charging Cephalon, Inc. with illegally preventing competition to its branded drug Provigil. In its complaint the FTC alleges that Cephalon, through patent (...)

The English High Court considers whether a no-challenge provision in a patent settlement agreement might be unenforceable on the basis that it was in breach of Art. 81 EC (Knorr-Bremse Systems/Haldex Brake)
European Commission - DG COMP (Brussels)
In the context of a ruling on jurisdiction, which determined that a UK company is not bound by the terms of a German settlement agreement relating to a patent dispute, the English High Court considers, without deciding the issue, whether a no-challenge provision in a patent settlement agreement (...)

The Turkish Competition Authority adopts block exemption guidelines on technology transfer agreements on the basis of EC Reg. N° 772/2004
Erdem & Erdem
The Turkish Competition Authority (hereinafter referred as “Authority”) has recently adopted a communiqué entitled as “Communiqué on the Block Exemption Related to the Technology Transfer Agreements” (hereinafter referred as “Communiqué”) numbered 2008/2 on the basis of the European Commission (...)

The Bulgarian Supreme Administrative Court quashes an NCA decision penalising agreements thwarting parallel imports of premium branded beverages (Diageo Brands)
Kinstellar (Sofia)
The first two sections of the article are derived from another article by the same author concerning the NCA decision in the case ; see Dessislava Fessenko, The Bulgarian Commission for Protection of Competition fined foreign-based suppliers for thwarting parallel imports of premium branded (...)

The Bulgarian Competition Authority holds than an exclusive and indefinite duration brand licence is valid as it does not aim at restricting or distorting competition but also grants leniency (Unilever - Kaliakra)
In a potentially far-reaching case, the Bulgarian Commission for the Protection of Competition (the Commission or CPC) addressed the balance between licensing rights and competition regulation. In 2000, a well-established Bulgarian producer of vegetal oils and fats, Kaliakra AD (Kaliakra), (...)

The German Higher Regional Court of Frankfurt decides on the relationship between copyright, trademark and title protection law on the one hand and competition law on the other hand (Harry Potter)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 11 April 2007, the German Higher Regional Court of Frankfurt issued a decision on the relationship between copyright, trademark and title protection law on the one hand and competition law on the other hand. The question at stake was whether restrictive clauses concerning the distribution of (...)

A US Court of Appeals holds that the reverse payment settlement between branded and generic pharma companies did not violate the antitrust laws because the exclusionary effect of the agreement did not exceed the scope of the patent (Tamoxifen Citrate)
Axinn Veltrop & Harkrider (Hartford)
Over the past decade, practitioners, policy makers and commentators have increasingly debated the issues involved when the antitrust laws intersect with patent rights. Both the antitrust and patent laws are designed to promote competition and, as a result, societal wellbeing. However, the (...)

The Paris Court of First Instance rules rules on the anticompetitive effect of a patent infringement collective complaint lodged against a search engine’s adwords system (Gifam / Google)
University Paris II Panthéon‑Assas
AdWords is Google’s flagship advertising product, and its main source of revenue. It offers pay-per-click advertising, and site-targeted advertising for both text and banner ads. But many of the words sold by Google to its clients are registered trademarks and Google has been recently facing (...)

The US DOJ requires two digital jukebox undertakings to end an illegal non-compete agreement (NSM, Ecast)
Jones Day (Washington)
On September 2, 2005, the DOJ Antitrust Division issued a complaint and proposed settlement involving two digital jukebox companies — NSM Music Group Ltd.(NSM) and Ecast Inc. (Ecast) — that allegedly entered into an unlawful agreement pursuant to which NSM agreed not to enter the U.S. market with (...)

A US Court of Appeals upholds the finding of the FTC that the prohibition of discounts and advertising was inherently suspect, because such restraints by their nature would tend to raise prices and reduce output (PolyGram)
Sheppard Mullin (Los Angeles)
DC Circuit Hits High Note In “Three Tenors” Case – Petition For Review Of FTC Decision In Polygram Holding, Inc. Denied* On July 22, 2005, the Court of Appeals for the District of Columbia Circuit denied a petition for review filed by PolyGram Holding, Inc. In so doing, the DC Circuit, in an (...)

The German Federal Court declares settlement concerning royalties for shipments to countries outside the territorial scope of a patent to be void (“Abgasreinigungsvorrichtung”)
University College London
I. Facts of the case and case history The claimant/licensee produces devices for cleaning exhaust fumes. The defendant/licensor owns a European patent protecting a specified process for cleaning exhaust fumes, with territorial effect (seeEuropean Patent Convention, Art. 3) in Germany, France, (...)

A US Court of Appeals holds that the reverse payment settlement between branded and generic pharma companies did not violate the antitrust laws because the exclusionary effect of the agreement did not exceed the scope of the patent (Schering-Plough)
Axinn Veltrop & Harkrider (Hartford)
Over the past decade, practitioners, policy makers and commentators have increasingly debated the issues involved when the antitrust laws intersect with patent rights. Both the antitrust and patent laws are designed to promote competition and, as a result, societal wellbeing. However, the (...)

The US Court of Appeals for the Federal Circuit reverses the ruling of the lower court maintaning that a rebuttable presumption arises from the possession of patent rights to tying engineered fastening systems (Independent Ink / Illinois Tool Works)
Sheppard Mullin (Los Angeles)
Of Bats And Sunshine: Presumption Of Market Power In Patent Tying Case Alive But Rebuttable* In January, the Court of Appeals for the Federal Circuit issued an opinion in Independent Ink Inc. v. Illinois Tool Works, Inc.. Addressing the issue whether, in a Section 1 tying case, a rebuttable (...)

The European Commission adopts new safe harbour for licensing of patents, know-how and software copyright
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
,
Latham & Watkins (Brussels)
"Commission adopts new safe harbour for licensing of patents, know-how and software copyright"* The European Commission has adopted on the 7th of April new rules for applying competition policy to the licensing of patents, know-how and software copyright. The new block exemption regulation, (...)

A US Court of Appeals holds that antitrust law is not implicated provided that the terms of “pay for delay” settlements between the brand name and generic pharma companies are within the scope of the patent (Valley Drug/Abbott Laboratories)
Hill, Kertscher & Wharton (Atlanta)
,
Sutherland
A recent 11th Circuit case, Valley Drug Co. v. Geneva Pharmaceuticals, Inc., sheds light on the complex intersection of patent and antitrust law in the context of a settlement agreement between a name brand pharmaceutical manufacturer and two allegedly infringing generic manufacturers that (...)

The European Commission settles allegations of abuse and clears patent pools in the CD market (Sony, Philips)
European Commission - DG MARE
"Commission settles allegations of abuse and clears patent pools in the CD market"* 1. The complaints Several manufacturers of pre-recorded CD discs (that is CD discs that include already content – music or software – provided by content-owners) lodged complaints against Philips and Sony a (...)

A US Court of Appeals holds that a reverse payment agreement between a brand-name pharmaceutical manufacturer and a generic would-be competitor is a per se antitrust violation because the agreement exceeded the scope of the patent (Cardizem CD Antitrust Litigation)
United First Partners
Introduction In re Cardizem CD Antitrust Litigation (“Cardizem”) is one of the first in a long line of cases challenging the so-called reverse payment or pay-for-delay settlement agreements between the pharmaceutical companies. In Cardizem, the U.S. Court of Appeals for the Sixth Circuit held (...)

The European Commission exempts a standard agreement entered into by a number of copyright administration societies from Europe, South America, Asia and New Zealand (IFPI Simulcasting)
University of Lisbon
"From discothèques to websites, a new approach to music copyright licensing: the Simulcasting decision"* On 8 October 2002 the Commission adopted a decision in case COMP/C2/38.014 IFPI Simulcasting exempting a standard agreement entered into by a number of copyright administration societies (...)

The US FTC publishes a report on generic drug entry prior to patent expiration raising issues on patent-shortening settlement agreements
White & Case (Washington)
The Federal Trade Commission’s recent report, Generic Drug Entry Prior to Patent Expiration (Federal Trade Commission, Generic Drug Entry Prior to Patent Expiration: An FTC Study, July 2002, ("FTC Report")), raises a number of competition issues that merit further discussion and research. This (...)

The European Commission issues an evaluation report on the transfer of technology block exemption regulation
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Review of the block exemption Regulation on technology transfer agreements"* While the Block Exemption Regulation n° 240 on transfer of technology (hereafter ‘TTBE’) is expected to apply until 31 March 2006, Article 12 requires the Commission to carry out regular assessments of the application (...)

A US Federal Circuit Court finds that the district court exceeded its authority in shortening the statutory stay of entry by a generic competitor which was challenged by a pharmaceutical patent-holder manufacturer in a patent infringement suit (Andrx/Biovail)
Cabot (Boston)
Judges: Dyk (author), Bryson, and Linn In Andrx Pharmaceuticals, Inc. v. Biovail Corp., No. 01-1650 (Fed. Cir. Jan. 17, 2002), the Federal Circuit vacated and remanded a lower court’s order (1) shortening the statutory thirty-month delay of FDA approval of Andrx Pharmaceuticals, Inc.’s (“Andrx”) (...)

The European Commission adopts a new block exemption on technology transfer agreements (Reg. EC No 240/96)
European Commission - DG COMP (Brussels)
"Technology Transfer: the new Regulation"* At the end of January this year, the Commission finally adopted the new block exemption on technology transfer agreements (Commission Regulation EC No 240/96). The new regulation came into force on 1st April 1996 and remains in force for a period of (...)

The European Commission clears interim intellectual property rights arrangements in the telecommunications industry (ETSI)
European Commission - DG COMP (Brussels)
"ETSI IPR Policy"* The Commission issued a negative clearance-type comfort letter with respect to ETSI‘s (European Telecommunications Standards Institute) Interim IPR Policy. The intellectual property rights arrangements which ETSI developed and notified to the Commission, provided that members (...)

Dominance

Advocate General Wathelet states that before seeking an injunction, a standard essential patent holder must inform an infringer that the latter needs a licence (Huawei / ZTE)
White & Case (Brussels)
,
White & Case (Brussels)
Summary The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C-170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on Standard essential patents (SEPs). Germany has been known as a (...)

Advocate General Whatelet holds that the fact that a company owns a standard-essential patent does not necessarily mean that it holds a dominant position (Huawei / ZTE)
AnJie Law (Beijing)
,
AnJie Law (Beijing)
Huawei vs. ZTE - The Advocate General Has Spoken* Background On April 5, 2013, the Landgericht Düsseldorf (a German regional court) referred a set of questions relating to injunctive relief over standard-essential patents (“SEPs”) to the European Court of Justice (“ECJ”) in connection with a (...)

The French Competition Authority accepts commitments on the market for coffee capsules (Nespresso)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence has obtained a commitment from Nespresso to lift barriers to entry for other coffee capsule makers – compatible with Nespresso coffee machines – as well as barriers to their growth* (...)

The European Commission publishes a decision finding that request and enforcement of an injunction before a German court regarding a smartphone standard essential patent constituted an abuse of dominant position (Motorola Mobility)
DLA Piper Weiss-Tessbach (Vienna)
Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The Commission (...)

The Finnish Competition and Consumer Authority issues report on collective management organisations and the promotion of healthy competition on the copyrighted works market (Teosto / Gramex / Kopiosto / Tuotos)
Finnish Competition and Consumer Authority (FCCA)
Finnish Competition and Consumer Authority: Numerous problems on the copyright market* The ambiguity of the legislation and the complexity of the market serve to fortify the monopoly of the collective management organisations on the market, says the Finnish Competition and Consumer Authority (...)

The European Commission receives an antitrust complaint concerning patent licensing practices engaged by an owner of numerous standard-essential patents on telecommunications standards (ZTE / Vringo)
DLA Piper Weiss-Tessbach (Vienna)
ZTE files antitrust complaint with the European Commission against the patent-licensing practices of Vringo* On 18 June 2014 ZTE Corporation (ZTE) announced that it filed an antitrust complaint with the European Commission against Vringo Inc.’s (Vringo) patent-licensing practices. ZTE alleged (...)

The Australian Competition and Consumer Commission reauthorises arrangements for the acquisition and licensing of performing rights in music, subject to certain conditions (APRA)
Australian Competition and Consumer Commission
ACCC requires improved dispute resolution in performing rights arrangements* The Australian Competition and Consumer Commission has reauthorised the Australasian Performing Right Association’s (APRA) arrangements for the acquisition and licensing of performing rights in music, subject to (...)

The EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)
Stanford University - Stanford Law School
European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

The EU Commission finds that the order sought and the enforcement of an injunction before a German Court on the basis of a smartphone standard essential patent constituted abuse of dominance (Motorola Mobility)
Stanford University - Stanford Law School
European Commission finds that Motorola Mobility misused standard essential patents* On 29 April 2014, the European Commission European held that it has adopted a decision which found that Motorola Mobility’s (“Motorola”) seeking and enforcement of an injunction against Apple before a German (...)

The Netherlands Authority for Consumers and Markets receives commitment following an investigation into possible abuse of dominance in the music copyright sector (Buma / Stemra)
Netherlands Authority for Consumers & Markets (The Hague)
Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

The Australian Competition and Consumer Commission institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)
Australian Competition and Consumer Commission
ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

The Italian Council of State reinstates penalties against pharmaceutical company for filing application for a divisional patent and its related SPC concerning a class of molecules already covered by the main patent (Pfizer)
Stanford University - Stanford Law School
Italy’s Council of State reinstates the fine imposed on Pfizer for delaying a generic’s market entry* On 12 February 2014, Italy’s Council of State (the “CdS”) dismissed the ruling of the lower administrative court (the “TAR Lazio”) which quashed the decision of Italian Competition Authority (the (...)

The US DoJ issues statement as regards the closing of an investigation into the use of a portfolio of standards-essential patents on the pursuit of obtaining exclusion orders from the US ITC relating to certain iPhone and iPad models (Samsung)
DLA Piper Weiss-Tessbach (Vienna)
U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to license (...)

The US District Court of Western Texas dismisses antitrust claims predicated upon alleged trademark misuse in relation to flow conditioners in oil pipelines (RJ Machine / Canada Pipeline Accessories)
Orrick, Herrington & Sutcliffe (San Francisco)
Trademark Misuse Is ^Almost^ Never an Antitrust Injury* Trademarks are commonly thought to convey no market power. In RJ Machine Co. v. Canada Pipeline Accessories Co., Case No. 1:13-cv-00579-SS (W.D. Tex. Nov. 22, 2013) (Sparks, J.), the court dismissed antitrust claims predicated upon (...)

The Competition Commission of India orders thorough investigation concerning an alleged abuse of dominant position in the in the market for ’Global System for Mobile Communication’ (Micromax / Ericsson)
Jindal Global University
In the year 2013, an Indian company, Micromax Informatics Ltd. (hereinafter Micromax), filed a case before the Competition Commission of India (hereinafter CCI) against the Swedish telecoms equipment maker, Telefonaktiebolaget LM Ericsson (hereinafter Ericsson), for alleged abuse of its (...)

The Competition Commission of India orders investigation against Swedish telecom provider for abusing its dominant position in determining royalty under FRAND terms (Micromax Informatics Limited / Telefonaktiebolaget LM Ericsson)
University of Tilburg - Center for Law and Economics (TILEC)
Background In a recent matter, Micromax Informatics Limited vs Telefonaktiebolaget LM Ericsson (Publ), the Competition Commission of India has ordered an investigation by DG competition against Ericsson for abusing its dominant position in determining royalty under the FRAND terms. Micromax in (...)

The England and Wales Court of Appeal refuses interim injunction against alleged refusal to deal as claimant failed to identify any market on which the defendant could conceivably be dominant (Chemistree Homecare / Abbvie)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The Guangdong High Court upholds Shenzhen Intermediate Court decision in abuse of dominance case involving IP rights (Huawei / Interdigital)
Fingleton Associates (London)
Guangdong High Court largely upholds Shenzhen Intermediate Court decision, requires Interdigital to pay full amount of damages requested by Huawei, and stipulates 0.019% maximum patent licencing fee. On Monday 28th October 2013 the Guangdong High Court reached its decision in the ongoing (...)

The EU Commission consults on commitments to close UMTS standards essential patents investigation (Samsung)
Stanford University - Stanford Law School
European Commission tests Samsung’s proposed commitments to close UMTS standards essential patents investigation* Last 17 October 2013, the European Commission advised (see also here) that it is testing the commitments Samsung offered in connection with investigations into the alleged abuse of (...)

The Australian Competition and Consumer Commission proposes to allow the national music copyright collection society to continue its arrangement for the acquisition and licensing of performing rights subject to a range of conditions (APRA)
Australian Competition and Consumer Commission
ACCC proposes changes to performing rights arrangement* The Australian Competition and Consumer Commission proposes to allow the Australasian Performing Right Association (APRA) to continue its arrangements for the acquisition and licensing of performing rights in music subject to a range of (...)

The U.S. Court of Western District of Washington makes determinations of the RAND licensing terms for a standard essential patent (Microsoft / Motorola)
DLA Piper Weiss-Tessbach (Vienna)
U.S. District Court for the Western District of Washington makes determinations of RAND licensing terms* On 25 April 2013 Judge Robart issued the non-confidential version of his Findings of Fact and Conclusions of Law in the Microsoft Corp. v. Motorola Inc. case. This is the first time that a (...)

The Spanish Competition Authority fines collecting society for having abused its dominant position in relation to the management of intellectual property rights for musical videos played on jukeboxes (Asociación de Gestión de Derechos Intelectuales)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Collecting Society AGEDI concerning Management of IPR for Use of Musical Videos on Jukebox* By decision of 26 August 2013, the Comisión Nacional de la Competencia (CNC) Council fined Asociación de Gestión de Derechos Intelectuales (AGEDI) € 51 (...)

The Italian Court of Milan finds an abuse of dominant position in the market for online travel agencies (Viaggiare/Ryanair)
Stanford University - Stanford Law School
Milan Court finds that Ryanair abused its dominant position in the market for online travel agencies* On June 4, 2013, the Milan Court’s company law section handed down a ruling (only available in Italian) holding that Ryanair abused its dominant position in the downstream market for online (...)

The Slovak Supreme Court upholds authority’s decision on prohibition of abuse in ‘green dot’ licencing (ENVI‑PAK)
European Commission (Brussels)
Slovakia: The Supreme Court upholds Authority’s Decision in Banking Cartel Case* On 23 May 2013, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the Office) imposing a fine of € 18 394 on ENVI‑PAK, a. s. (...)

The EU Commission sends statement of objections to a telecom operator over standard essential patents (Motorola Mobility)
Van Bael & Bellis
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White & Case (Brussels)
On 6 May 2013, the European Commission announced that it had formally sent Motorola Mobility a Statement of Objections (SO) over the company’s alleged misuse of mobile phone standard essential patents (SEPs). The Commission believes that Motorola Mobility abused its dominant position in (...)

The European Commission carries out a market test of commitments in its investigation of online search service provider (Google)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Google Commitments – Testing Substantive Theories Through Remedy Discussion* Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments. But there has also been (...)

The Chinese SAIC holds a meeting with certain industry participants to obtain feedback on the latest draft Regulation on the Prohibition of Conduct Eliminating or Restricting Competition through Abuses of IPR
Hogan Lovells (Beijing)
High tech under scrutiny in China* On April 26, 2013, the State Administration for Industry and Commerce (“SAIC“) - one of China’s three antitrust law enforcement bodies - noted on its website that it had held a meeting with certain industry participants to obtain feedback on the latest draft (...)

The European Commission begins market testing of commitments offered by the leading web search operator to address competition concerns (Google)
Van Bael & Bellis (Brussels)
On 25 April 2013, the Commission issued a press release announcing that it had begun market testing commitments offered by Google in relation to online search and search advertising. In its press release, the Commission stated that it continues to have concerns that Google may be abusing (...)

The US Court of Western District of Washington finds that the patented technology didn’t play a significant role for the overall functionality of the plaintiff’s products (Microsoft/Motorola)
Weil, Gotshal & Manges (Washington)
District Court Enters the FRAND Fray* A number of federal court decisions and recent enforcement actions by the US antitrust agencies have highlighted the importance of abiding by commitments to license patents that have been declared essential (SEPs) on “fair, reasonable, and (...)

The EU Commission seeks feedback on commitments meant to address competition concerns on the market for web search (Google)
Stanford University - Stanford Law School
European Commission market tests Google commitments in relation to online search and search advertising* On 25 April 2013 the European Commission published a press release and a memo seeking observations from third parties on the commitments offered by Google in order to address the (...)

A US Court issues first analysis of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms (Microsoft / Motorola)
Rutgers University
On April 25, 2013, Judge James L. Robart of the U.S. District Court for the Western District of Washington offered the first analysis by a U.S. court of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms. (...)

The EU Commission receives a complaint alleging abuse of dominant position on the market for smartphone operating system (FairSearch/Google)
Garrigues (Brussels)
Some thoughts on the new anti-Google (Android) complaint* Some background to the complaint Back in April the FairSearch coalition in this case only two of its members Microsoft and Nokia lodged a complaint with DG Comp alleging: (a) that by giving Android to device-makers for “free” Google (...)

The Latvian Competition Council fines collective copyright management association for excessive pricing (AKKA/LAA)
European Commission (Brussels)
Latvia: The Competition Council fines collective Copyright Management Association for Excessive Pricing* On 2 April 2013, the Competition Council of Latvia (CC) adopted a decision to fine the collective copyright management association AKKA/LAA for having abused its dominant position by (...)

The German Regional Court of Düsseldorf makes reference for a preliminary ruling to the CJEU on standard-essential patents (Huawei / ZTE)
Stanford University - Stanford Law School
German Court makes reference for a preliminary ruling to the CJEU on standard-essential patents* On 21 March 2013, the Landgericht Düsseldorf (“Düsseldorf Regional Court”) made a reference (the order is only available in German) for a preliminary ruling to the Court of Justice of the European (...)

The US DoJ and PTO issue a policy statement on remedies for standards-essential patents subject to (F)RAND commitments
DLA Piper Weiss-Tessbach (Vienna)
U.S. DOJ and PTO issue policy statement on remedies for standards-essential patents subject to (F)RAND commitments* On January 8, 2013 the U.S. Department of Justice, Antitrust Division (DOJ) and the U.S. Patent and Trademark Office (USPTO) issued a policy statement on remedies for (...)

The US Court of Appeals for the 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization on the market for pulse oximetry monitors (Tyco Health)
Stanford University - Stanford Law School
U.S. 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization* On 6 January 2010 the U.S. Court of Appeals for the 9th Circuit affirmed a U.S. District Court (Central District of California) grant of summary judgment on a monopoly maintenance claim (...)

The US FTC announces proposed settlement concerning practices in online search and advertising (Google search)
Stanford University - Stanford Law School
U.S. Federal Trade Commission announces proposed settlement with Google* On 3 January 2013 the U.S. Federal Trade Commission (FTC) announced that Google Inc. has agreed to not seek injunctive relief against rivals using its essential patents. The FTC also announced that Google has altered its (...)

The EU Commission sends statement of objections regarding its alleged abuse of mobile phone standard-essential patents (Samsung)
Stanford University - Stanford Law School
European Commission sends Samsung Statements of Objections regarding its alleged abuse of mobile phone standard-essential patents* On 21 December 2012, the European Commission sent a Statement of Objections to Samsung, based on concerns that Samsung’s conduct in seeking injunctions against (...)

The EU Commission sends a statement of objections to a mobile operator over alleged misuse of mobile phone standard essential patents (Samsung)
Van Bael & Bellis
On 21 December 2012, the European Commission announced that it had sent Samsung a Statement of Objections (“SO”) over its alleged misuse of mobile phone standard essential patents. In January 2012, the Commission had opened a formal investigation against Samsung Electronics following (...)

The EU Court of Justice upholds the abuse of patents system and the procedures for marketing pharmaceutical products in order to prevent or delay the arrival of competing generic medicinal products on the market for proton pump inhibitors (AstraZeneca)
Stanford University - Stanford Law School
ECJ rejects appeal relating to abuse of the patent system and the procedures for marketing of drugs* On 6 December 2012, the European Court of Justice (“ECJ”) handed down its ruling rejecting AstraZeneca’s (“AZ”) appeal in relation to the Losec case. In the first instance, the General Court largely (...)

The EU General Court dismisses appeal against Commission rejection of abuse complaint in the Irish whisky market (Protégé / Pernod Ricard)
Van Bael & Bellis (Brussels)
On 13 September 2012, the General Court dismissed the appeal lodged by Protégé International Ltd against a European Commission decision to reject a complaint alleging breach of Article 102 TFEU by Pernod Ricard. In its complaint to the Commission, Protégé had alleged that Pernod Ricard (...)

The Spanish Competition Authority fines IP rights collecting society for abuse of dominant position (Sociedad General de Autores y Editores)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Sociedad General de Autores y Editores (SGAE) for Abuse of Dominant Position* In its Resolution of 3 July 2012, the Council of the Comisión Nacional de la Competencia (CNC) decided that SGAE (IP rights collecting society) had abused its (...)

The Spanish Competition Authority fines copyright collecting societies for abusing of their dominant position (AGEDI, AIE)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Copyright Collecting Societies AGEDI and AIE* In its Resolution of 14 June 2012, the Comisión Nacional de la Competencia (CNC) Council declared that the Asociación de Gestión de Derechos Intelectuales (AGEDI) and Artistas, Intérpretes y (...)

The Indian Patents Office grants its first compulsory licence in the pharmaceutical industry (Natco / Bayer)
Shardul Amarchand Mangaldas & Co (New Delhi)
,
Indian Competition Commission (New delhi)
The Curious Case of Compulsory Licensing in India* In a move that has alarmed the pharmaceutical industry, in March 2012 the Indian Patents Office granted its first compulsory licence, for the manufacture and sale of Bayer’s patented drug Nexavar, in Natco Pharma Limited v Bayer Corporation (...)

The Italian Competition Authority fines company for abuse of dominance relating to visual glaucoma drugs challenging divisional patent filings (Pfizer)
Cleary Gottlieb Steen & Hamilton (Brussels)
Italian Competition Authority Challenges Patent Measures* The Italian Competition Authority started the New Year with a bang by imposing a fine of more than EUR 10 million on Pfizer for alleged abuses of the patent system in violation of Article 102 TFEU. The decision is available here. The (...)

An Italian City Court rejects application for an injunction against the sale of the iPhone 4S (Samsung / Apple)
Stanford University - Stanford Law School
Italian Court rejects Samsung’s request for injunction against Apple in Italy* On 5 January 2012 an Italian Court rejected Samsung’s request for an injunction against Apple in relation to the sale of the iPhone 4S in Italy. Samsung alleges that Apple is violating a number of its patents, which (...)

A US District Court denies a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant having filed an ANDA with the FDA (Shionogi Pharma / Mylan)
Sheppard Mullin (Los Angeles)
ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim* The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an (...)

The Helsinki Court of Appeals dismisses the appeal of the Finnish composers’ copyright society to annul a decision founding it has abused its dominant position on the market of licensing copyrights (Teosto)
European Commission (Brussels)
Finland: Copyright Management Organization abused its Dominant Position* On 30 June 2011, the Helsinki Court of Appeals dismissed the appeal of the Finnish Composers’ Copyright Society (Teosto) to annul a district court decision where Teosto was found to have abused its dominant position on the (...)

A US District Court dismisses the antitrust counterclaims alleging monopolization on the market for maintainance of printers, while allowing the tortious interference claims to continue (Océ North America / MCS)
Sheppard Mullin (Los Angeles)
Aftermarket Monopolization Claims Dismissed as Afterthought* Plaintiff Océ North America, Inc. ("Océ") brought an action against a service market supplier for copyright infringement. Defendant MCS Services, Inc. ("MCS") filed a Kodak-style "aftermarket" monopolization counterclaim, in addition (...)

A US District Court dismisses claims on monopolization, unfair competition and fraud, since the plaintiff did not articulated a proper definition of the relevant market (Digital Sun / The Toro Company)
Sheppard Mullin (Los Angeles)
Federal Court Finds Allegations of “Bad Faith” in Sprinkler License Agreements to be “Vox Clamantis in Deserto”* On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company’s ("Toro") motion to dismiss plaintiff (...)

A US district court rejects a proposed settlement in the digitized book search sector (Google Books Settlement)
University of Chicago - Law School
Moving Forward in Google Book Search* On Tuesday, after more than a year of silence, Judge Denny Chin rejected the proposed settlement in the Google book search case. The innovative settlement asked more than Rule 23 could deliver. In his words, the settlement “would simply go too far.” Others (...)

A US district court rejects settlement between online search provider and copyright owners in the digitized books sector (Google Books Settlement)
Garrigues (Brussels)
Google Books Settlement Rejected* Some of you will recall that roughly a year ago I wrote a post on the Google Books settlement (“Google Books Settlement: It’s the search market stupid!”) in which I argued that the only competitive problem, if any, posed by the amended settlement related to the (...)

The Spanish Competition Commission fines a company and its subsidiary for abuse of dominant position in the market of resale of audiovisual retransmission of Spanish football clubs (Mediapro, Gol Tv)
Callol, Coca & Asociados
Mediapro holds the broadcasting rights for the Spanish first division league (Liga) and King’s Cup (Copa de S.M. el Rey) for 2009/2010 and subsequent seasons. Therefore Mediapro has a dominant position in the market for the resale of broadcasting rights. Furthermore, Mediapro is (...)

The Spanish Competition Authority fines the holder of football TV rights for abusing its dominant position in the resale of these rights and in the pay TV market (Mediapro)
CMS Albinana y Suarez de Lezo (Madrid)
Mediaproducción S.L. (Mediapro) is currently the holder of the audiovisual rights for the regular league and Copa del Rey (King’s Cup) football competitions (the Competitions) for all teams in the Spanish first and second divisions for the 2009/2010 and subsequent seasons. In May 2009 the CNC (...)

A US District Court denies a motion to dismiss a fraudulent patent claim and allows standing to a direct purchaser of NAND flash memory (Ritz / SanDisk)
Sheppard Mullin (Los Angeles)
Expanded Standing, or “Back to Basics”? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims* In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss (...)

The Spanish NCC imposes a fine for abuse of dominance on an IPs’ collecting society charging unfair and discriminatory prices on TV broadcaster (Artistas Intérpretes o Ejecutantes)
European Commission (Brussels)
Spain: The CNC’ Council fines AIE, Intellectual Property Rights’ Collecting Society* On 23 February 2011, the Council of the National Competition Commission (CNC) imposed a fine of € 532 686 on Artistas Intérpretes o jecutantes, Sociedad de Gestión de España (AIE) for an infringement of Article 2 (...)

A US District Court dismisses indirect purchaser class actions challenging proposed reverse payment agreements as anticompetitive on an allegation of preventing a cheaper generic medicine to enter the market sooner (Plavix Indirect Purchaser)
Sheppard Mullin (San Francisco)
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing* On January 31, 2011, the District Court for Southern District of Ohio granted defendants’ Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as (...)

The Paris District Court fines an online retail site for infringing a famous clothing brand’s trademark by illegally selling its branded products online (Hugo Boss, Club Privé)
EDHEC (Nice)
Summary CLUB PRIVE was fined for illegally selling HUGO BOSS branded clothes online. Facts In 2009, CLUB PRIVE conducted a short time selling of HUGO BOSS branded clothes on their website www.club-prive.fr. HUGO BOSS sued CLUB PRIVE on several grounds. In the first place, HUGO BOSS sued CLUB (...)

The Croatian Competition Authority finds no abuse of dominance in the royalty collecting mechanism applied by the national collecting society for copyrighted music (Croatian Composers’ Society)
University of Technology (Tallinn)
On 16 December 2010 the Croatian Competition Authority (AZTN) completed its investigation into the royalties collecting mechanism administered by the national collecting society for copyrighted music – the Croatian Composers’ Society (HDS-ZAMP) and found no abuse of dominant position alleged by (...)

The UK OFT agrees to reduce the fine imposed against a pharmaceutical firm for abuse of its dominant position (Reckitt Benckiser)
European Commission (Brussels)
United Kingdom: Early Resolution Agreement in Reckitt Benckiser Abuse Case On 15 October 2010, the OFT announced that it had agreed to reduce the proposed fine by £ 1,800,000 (about € 1,162,040) to £ 10,200,000 (about € 6,584,893), following Reckitt Benckiser’s admission and decision to co-operate (...)

The Italian Competition Authority investigates the allegations of foreclosure of market access for a new generic drug for treating visual glaucoma (Pfizer)
Stanford University - Stanford Law School
Italian Competition Authority investigates Pfizer’s effort to obstruct market access for a new generic drug for treating visual glaucoma* On 13 October 2010, the Italian Competition Authority (“ICA”) opened an investigation to ascertain whether Pfizer’s attempt to prolong the patent protection for (...)

The Italian Competition Authority investigates on infringement of Art. 102 TFUE for misuse of patent (Pfizer)
Bonelli Erede Pappalardo (Rome)
On 13 October 2010, the Italian Competition Authority (the “ICA”) decided to initiate proceedings against Pfizer to assess whether the company had abused its dominant position in the market for medicines to treat visual glaucoma, by blocking or delaying the market entry of generic versions of its (...)

The US Court of Appeals for the Federal Circuit limits patent misuse doctrine and distinguishes it from antitrust violation (Princo)
Jones Day (Washington)
,
Kirkland & Ellis (Chicago)
,
Jones Day (Cleveland)
The U.S. Court of Appeals for the Federal Circuit issued an en banc decision with significant implications for the doctrine of patent misuse. The decision issued last week overturns part of a Federal Circuit panel decision last year holding that Philips may have committed patent misuse by (...)

The Polish Competition Authority issues first commitment decision on the basis of EU Law (ZAiKS)
European Commission (Brussels)
Poland: UOKiK issues first Commitment Decision on the Basis of EU Law On 24 August 2010, the President of the Polish Office of Competition and Consumer Protection (UOKiK) issued the UOKiK‘s first commitment decision on the basis of both national and EU law in a case concerning an abuse of (...)

The Polish Competition Authority accepts commitments from the authors’ association concerning copyrights management agreements under Polish and EU competition law (ZAiKS)
WilmerHale (Brussels)
Market structure and dominant position ZAiKS is the largest association of authors and composers in Poland and the sole active on the market for collective management of copyrights for vocal and musical works. This market was considered by the Polish Office of Competition and Consumer (...)

The US FTC settles charges of anticompetitive conduct against manufacturer of computer chips (Intel)
Stanford University - Stanford Law School
FTC settles complaint against Intel* On 4 August 2010 the U.S. Federal Trade Commission (“FTC”) approved a settlement with Intel Corp. on charges that the company violated Section 5 of the FTC Act by engaging in unfair methods of competition and deceptive acts and practices in commerce, (...)

The EU Commission initiates formal investigations in two cases of suspected abuse of dominant market position (IBM)
Stanford University - Stanford Law School
European Commission investigates IBM’s conduct on the mainframe market* On 26 July 2010, the European Commission issued a press release stating that IBM is subject to a formal investigation for two alleged abuses of its dominant position on the market for mainframe computers in breach of (...)

The EU General Court confirms abuse of dominance by preventing the market entry or the parallel imports of generic medicinal products (AstraZeneca)
Stanford University - Stanford Law School
ECJ upholds European Commission decision against AstraZeneca* On 1 July 2010, the European Union’s General Court (or “GC”, formerly the Court of First Instance) handed down its judgment against the AstraZeneca Group (“AZ”) for having abused its dominant position by preventing the market entry or (...)

The EU Commission makes public its long awaited policy document on the Digital Agenda for Europe
Stanford University - Stanford Law School
Standard Setting in the EU’s Digital Agenda* On 19 May 2010, the European Commission made public its long awaited policy document on the Digital Agenda for Europe. The overall aim of the Digital Agenda is to deliver sustainable economic and social benefits from a digital single market based on (...)

The French Competition Authority opens in-depth investigation of alleged abuse of dominance as regards the exclusion of generic competition (Sanofi-Aventis)
Stanford University - Stanford Law School
French Competition Authority probes Sanofi-Aventis alleged abuse against generic manufacturers* On 17 May 2010, the French Autorité de la concurrence (French Competition Authority, “FCA”) determined to open a fully fledged investigation (under Article 102 TFEU) into Sanofi-Aventis allegedly (...)

The French NCA rejects a claim for interim measures but holds that a pharmaceutical company may be at fault for promoting the differences between its product and competing generic products whereas such differences have no therapeutic value (Sanofi Aventis)
Vogel & Vogel
Since 1998, the Sanofi-Aventis France laboratory has been marketing an antiplatelet medication, Plavix(r), whose intellectual property protection expired on 15 July 2008 in Europe, with the exception of the rights protecting clopidogrel salt used in Plavix(r) and the clopidogrel-aspirin (...)

A US District Court grants motion for summary judgment on claims of maintaining a monopoly in the operating systems market (Novell / Microsoft)
Stanford University - Stanford Law School
U.S. District Court dismisses Novell’s claims against Microsoft* On 30 March 2010 the U.S. District Court for the District of Maryland granted Microsoft’s motion for summary judgment on Novell’s claims that Microsoft violated U.S. antitrust laws by engaging in anti-competitive conduct in order to (...)

The UK Competition Authority issues a statement of objections for alleged abuse of a dominant position in the pharmaceutical sector (Reckitt Benckiser)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) Issues Statement of Objections for Alleged Abuse of a Dominant Position in the Pharmaceutical Sector On 23 February 2010, the OFT issued a Statement of Objections alleging that Reckitt Benckiser abused its dominant position in the market for the (...)

The Spanish Competition Commission issues a report on the management of IP rights by collecting societies and concludes that their monopolistic position facilitates the distortion of effective competition
Cleary Gottlieb Steen & Hamilton (Brussels)
On January 19, 2010, the Spanish Competition Commission published a report on collective societies’ management of Intellectual Property Rights (“IP rights”) in Spain and concluded that Spanish collecting societies enjoy a monopolistic position that reduces their incentives to operate efficiently, (...)

The Spanish Competition Commission publishes a report on intellectual property rights’ collective management
Hogan Lovells (Madrid)
,
Allianz (Brussels)
On 19 January 2010, the Spanish Competition Commission (hereinafter, the “NCC”) published a report on the collective management of intellectual property (IP) rights in Spain (the “Report”). The aim of the Report is to analyze the structure of the market of the management of IP rights , with a (...)

The European Commission renders legally binding commitment offered by US software undertaking concerning web browsers (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
FTI Consulting (Brussels)
"The Commission’s decision in the Microsoft Internet Explorer case and recent developments in the area of interoperability"* I. Commitment decision on the tying of Internet Explorer to Windows A. Introduction On 16 December 2009, the Commission adopted a commitment decision (‘the Decision’) (...)

The European Commission renders legally binding commitments offered by US software undertaking to lower memory chip royalty rates (Rambus)
European Commission - DG TRADE
,
European Parliament (Luxembourg)
"Patent ambush in standard-setting: the Commission accepts commitments from Rambus to lower memory chip royalty rates"* I. Introduction Standardisation involves competitors sitting around a table agreeing technical developments for their industry. Normally, antitrust rules do not allow (...)

The US District Court of SDNY dismisses antitrust claims raised by a distributor of compatible mainframe computers produced by the plaintiff (IBM/T3 Technologies)
Stanford University - Stanford Law School
U.S. District Court dismisses T3’s antitrust claims against IBM* On 30 September 2009 the U.S. District Court of S.D.N.Y. granted in International Business Machines Corp. v. Platform Solutions, Inc. and T3 Technologies, Inc. (No. 06 Civ. 13565(LAK)) IBM’s motion for summary judgment on antitrust (...)

The Slovakian Competition Authority condemns a leading undertaking in the field of waste management for abuse of dominant position (ENVI-PAK)
European Commission (Brussels)
Slovakia: Council of the Antimonopoly Office to decide on Prohibition of Abuse in “Green Dot” Licensing Case by ENVI-PAK On 16 September 2009, ENVI-PAK appealed the decision of the Antimonopoly Office of 28 August 2009 before the Council of the Office. The Office found that ENVI-PAK had abused (...)

The Brussels Court of Appeal confirms that the requirement by an association of authors of the signature of its master agreement in order to grant authorisations to duplicate CDs could not be considered as an abuse of dominant position (SPRL 3.14 / SABAM)
Fidal (Lyon)
Introduction In a judgment of 10 September 2009, the Brussels Court of Appeal confirmed a decision of the Commercial Tribunal which ruled that the requirement by an association of authors of the signature of its Master agreement in order to grant authorisations to duplicate CDs could not be (...)

The Slovak Competition Authority fines a leading packaging company for an abuse of dominant position (ENVI-PAK)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 8 September 2009, the Slovak competition authority imposed a fine of about € 18,000 on ENVI-PAK for abuse of its dominant position by applying discriminatory prices in licensing the “Green Dot” trademark. Manufacturers pay to place the Green Dot trademark on packaging in order to signal that (...)

The Slovak competition office gives an unprecedented definition of relevant product market for trade mark licensing (Envi-Pak)
University of Oxford
Background On 28 August 2009, the Slovak Antimonopoly Office (“AMO“) adopted a decision against, and delivered to ENVI-PAK, a.s. (“ENVI-PAK”), a company engaged in the waste package materials processing business. ENVI-PAK is the registered holder of the “Der Grüne Punkt” trade mark in Slovakia, (...)

The Spanish Competition Authority fines the Spanish copyright collecting society for abusive practices (AIE)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 23 July 2009, the Spanish Competition Authority fined AIE, the Spanish collecting society for music artists, for abusive practices in the period since 1995, in breach of Article 82 EC and the equivalent Spanish provision. The decision followed from a complaint by Telecinco, a Spanish (...)

The European Court of Justice dismisses an appeal against the European Court of First Instance’s judgment in a case of abuse of a dominant position in the market for collecting and processing packaging waste (’Green Dot’ case)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 16 July 2009, the European Court of Justice (ECJ) issued its judgment in the appeal of Duales System Deutschland (DSD) against a 2007 judgment of the Court of First Instance (CFI), which had upheld a Commission decision finding that the German recycling company’s licensing scheme for its (...)

The German Federal Court of Justice clarifies that defendants can invoke the abuse of dominance against an injunction claim of a patentee if the latter has refused a licence in an abusive manner (Orange-book-standard)
University of East Anglia - CCP (Norwich)
Summary In its decision of 6 May 2009 the German Federal Court of Justice held that a defendant can invoke the abuse of dominance against an injunction claim of the patentee if the latter refused a licence in an abusive manner. The patentee acts in an abusive manner if he refuses an (...)

The German Federal Court of Justice holds that defendants in patent infringement litigation can raise a “compulsory licence defence” subject to strict conditions (Orange-Book-Standard)
Blomstein
Background The Koninklijke Philips Electronics N.V. (“Philips”) is the holder of a patent which is essential for the production of recordable and rewritable compact discs (CD-R and CD-RW discs). Use of the patent cannot be avoided in the production of CD-R or CD-RW discs and Philips has granted (...)

The German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents on the market for writeable optical media (Orange Book)
Stanford University - Stanford Law School
German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents* On 6 May 2009 the German Federal Court of Justice handed down a landmark judgment (KZR 39/06 – Orange-Book-Standard) concerning the use of the competition law defense regarding compulsory (...)

The European Court of First Instance examines a recourse against Commission’s decision to reject complaint against a leading alcohol manufacturer (Protégé International)
Van Bael & Bellis
On 16 May 2009, a notice was published in the Official Journal of the EU announcing that Protégé International is taking the European Commission to court over its January 2009 decision to reject a competition law complaint brought by Protégé International against Pernod Ricard. Protégé (...)

The Swiss Parliament adopts the principle of “regional exhaustion” regarding parallel importation of patent-protected products in Switzerland
Lenz & Staehelin (Geneva)
On December 19th, 2008, the Swiss Parliament adopted the principle of regional exhaustion in the Swiss Patent Act. Practically, this means that parallel importation into Switzerland of products that are patent-protected in this country will be possible, under the condition that these products (...)

The Korean Fair Trade Commission plans to strenghten enforcement against abuse of intellectual property rights by IT and pharmaceutical companies
Jones Day (Beijing)
,
Winston & Strawn (New York)
,
Jones Day (Tokyo)
On December 18, 2008, the primary competition law agency of Korea, the Korea Fair Trade Commission (« KFTC »), submitted to the President of Korea the KFTC’s business plan for 2009. Among other priorities, the KFTC stated that it plans to « strengthen enforcement against abuse of intellectual (...)

The European Court of Justice gives favourable ruling on collective copyright remuneration model (Kanal 5 and TV 4)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 11 December 2008, the ECJ handed down a judgment in which it responded to four questions referred to it by the Swedish Market Court. The questions arose in a dispute between the Swedish copyright collecting society STIM and two commercial TV channels, TV 4 and Kanal 5 (the “TV channels”). The (...)

The Spanish NCC fines collecting societies for the second time in two years for abuse of dominance in their management of intellectual property rights (AGEDI)
Cleary Gottlieb Steen & Hamilton (Brussels)
On 9th December 2008, the Spanish Competition Commission (“CNC”) issued a decision, establishing that the Association for the Management of Intellectual Property Rights (AGEDI) and the Management Society of Artists, Interpreters or Performers (AIE) had abused their dominant position in the market (...)

The Polish Competition Authority imposes a financial penalty on an authors’ association for a late compliance with a previous cease and desist order (ZAiKS)
French National Research Agency (ANR)
Article 107 of the Act of 16 February 2007 on Competition and Consumer Protection (hereafter: the ACCP) provides, inter alia, that the President of the Office of Competition and Consumer Protection (hereafter : the OCCP President) may impose on undertakings a financial penalty equivalent up to (...)

The Dutch Competition Authority clears a collective performance rights organisation of allegations of price discrimination and excessive pricing (Fresh FM - Buma)
European Commission - DG COMP (Brussels)
Introduction On the 16 January 2003, the commercial regional radio station Fresh FM submitted a complaint to the Dutch Competition Authority, the Nma, regarding the tariffs charged by Buma, the Dutch collective performance rights organization, to its clients. Fresh FM accused Buma of abusing (...)

The French Competition Council renders a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough)
Fréget - Tasso de Panafieu Avocats (Paris)
,
Novartis (Basel)
By a decision of 11 December 2007, the Competition Council issued yet another decision concerning the (difficult) competition between princeps and generics at the time when the latter enter a market which becomes accessible upon expiry of the former’s intellectual property rights. Although this (...)

The Polish Supreme Court confirms that the Authors’ Association falls within the scope of national competition law provisions (ZaiKS)
French National Research Agency (ANR)
The Authors’ Association ZaiKS (hereafter: ZAiKS) is the biggest and the oldest music collecting management organization in Poland and a member of CISAC, i.e. the International Confederation of Societies of Authors and Composers. While at the EC level the EC Commission has condemned the use of (...)

A German Court implicitly applies the essential facilities doctrine in the sector of travel services credit card (Royal Bank of Scotland / Lufthansa)
White & Case (Hambourg)
In a decision dated 5 December 2007, the Higher Regional Court of Düsseldorf (the Court) ordered Deutsche Lufthansa AG (Lufthansa) to grant the permit to Royal Bank of Scotland plc. (RBS) to list the turnover tax for the travel services supplied by Lufthansa inner-Germany on its credit card (...)

The Polish Office of Competition and Consumer Protection conducts anti-trust proceedings against the Polish authors’ association in order to stop alleged monopolist practices (ZAiKS)
Kochanski Zieba Rapala & Partners
Background For several years now, the Polish Office of Competition and Consumer Protection is carefully monitoring the practices of the copyright protection organizations and, as a result, there are few cases pending nowadays related to the competition protection within the copyright market. (...)

The EU Commission is about to close proceedings against US chipset manufacturer for alleged abuse of dominance in the mobile phone technology sector (Qualcomm)
Liege Competition and Innovation Institute
"The Last Hundred Days Strategy"- Is the Qualcomm Case Over?* Milton Friedman and his wife Rose Friedman are known for having theorized that recently elected governments generally enjoy a period of political immunity following elections, which allows them to push reforms, including tough ones, (...)

The European Court of First Instance partially upholds the Commission’s decision concerning an abuse of a dominant position in the PC operating system (Microsoft)
European Commission - DG COMP (Brussels)
,
FTI Consulting (Brussels)
,
Belgian Competition Authority (Brussels)
"The judgment of the Court of First Instance in the Microsoft case"* I. The 2004 Decision On 24 March 2004, the Commission adopted a decision pursuant to Article 82 EC concluding that Microsoft had abused its dominant position in the PC operating system market by (i) refusing to provide (...)

The Dutch Competition Authority dismisses complaint lodged by a consumers’ association against leading software company for alleged abuse of dominance on the markets for portable music players and online music stores concluding the absence of tying (Apple)
The AES Corporation
In January 2007 the Dutch consumers’ association (Consumentenbond) lodged a complaint with the Dutch Competition Authority (NMa) against Apple Computer Benelux BV (Apple). The Consumentenbond claimed that Apple has a dominant position on the market for portable music players through its (...)

The Swiss Competition Commission supports the legal admissibility of parallel importation of patent-protected products into Switzerland
ABELS Avocats
I - Background A complete overhaul of the Swiss Patent Act enacted on June 25, 1954 is being discussed (mid-2007) by the Swiss Parliament. In this context, one of the heavily-debated topics is the scope of protection granted by a patent, in particular the question of whether a patent holder (...)

The Turkish Competition Authority condemns the use of a software database encryption as an abuse of dominance (Bilsa)
University of Sussex
This study focuses on the decision of the Turkish Competition Authority (“TCA”) regarding Bilsa, who was found to have abused its dominant position on the market for school management software by the use of a software database encryption which made the user schools dependent to Bilsa’s products (...)

The Paris Court of Appeal rules that cybersquatting infringes free competition principle (Hôtels Méridiens)
Aklea
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A Turquoise (Paris)
,
Gordon S. Blair Law Offices
A cybersquatting case having given rise to a litigation between Hôtels Méridiens and a company providing Internet domain names (thereinafter “The Online Player” or “The OP”) gave the Paris Court of Appeal a new opportunity to render a judgement concerning the necessary complementary nature of the (...)

The Bulgarian Supreme Administrative Court handed down an NCA decision finding that a holder of the trade mark “Der Grüne Punkt” abused its dominant position on the collective waste management market (Ecopack Bulgaria)
Kinstellar (Sofia)
On 9 February 2007 the Supreme Administrative Court (the “Supreme Court”) handed down a decision of the Bulgarian Commission for Protection of Competition (the “CPC”) finding that Ecopack Bulgaria AD (“Ecopack”), a collective waste-handling organization holding the right to use the trade mark “Der (...)

The Swedish Market Court makes a preliminary reference to the ECJ on copyright management by collecting societies (Kanal 5 and TV 4)
General Court of the European Union (Luxembourg)
Introduction Since Sweden joined the European Union in 1995, the Swedish courts have been reluctant to make preliminary references to the European Court of Justice (“ECJ”) in all fields of law. Up until 2006, the Swedish courts had made on average 5 preliminary references per year, in (...)

The Italian Competition Authority accepts commitments aims at facilitating competitors’ access to patented drugs (Merck - Principi Attivi)
London School of Economics
Article 5 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEU L 1, 4 January 2003, p. 1-25) allowed National Competition Authorities to accept commitments in proceedings concerning the (...)

The Spanish Competition Court establishes that a collecting society has abused its dominant position by discriminating two TV operators but rejects plaintiffs’ claims that prices were excessive (AGEDI)
The Spanish Intellectual Property law has been modified over time. The law that currently regulates Intellectual Property dates from 1996 and compiles all the applicable legislation on this matter. This law, called Texto Refundido de la Ley de Propiedad Intelectual (from now on TRLPI) has (...)

The Italian competition authority closes proceedings for alleged breach of Art. 82 EC following commitments made by the undertaking on the audiovisual rights market (Mediaset - Diritti Calcistici II)
London School of Economics
Background and procedure The present case note concerns the follow-up of a decision to open proceedings adopted by the Italian NCA in March 2005 that was commented in a previous issue of e-Competitions (P. Ibañez Colomo, “ The Italian competition authority opens proceedings against Reti (...)

A US Court of Appeals confirms the dismissal of antitrust claims related to an alleged loss of competitive technologies being deemed so diffuse that it could not possibly be adequately measured (Kloth / Microsoft)
Sheppard Mullin (San Francisco)
Indirect Purchaser and Remoteness Doctrines Barred Antitrust Claims Against Microsoft by End-User Software Licensees* A question arising from end-user license agreements ("EULAs"), which accompany applications software programs that have been preinstalled on personal computers, is whether they (...)

The French Competition Council issues an opinion on the distinction between abusive and legitimate exercise of a trademark (UEEFL)
White & Case (Paris)
,
French Competition Authority (Paris)
The French Competition Council issued on the 14 April 2006 an opinion regarding the application of French and EC antitrust rules (Articles L. 420-1 and L. 420-2 of the French Commercial Code and Articles 81 and 82 of the EC Treaty) regarding the fruit and vegetables sector in the French region (...)

The US Supreme Court strikes down patent market power presumption in tying cases (Illinois Tool Works)
WilmerHale (Washington)
,
WilmerHale (Washington)
,
Matheson Keys & Kordzik
The Supreme Court issued two unanimous opinions in antitrust cases. These are the second and third antitrust opinions of the Term; u.S. ---, 1-6 S.Ct. 860 (-006), involved the robinson-Patman act. in recent years the Court has taken one or at most two antitrust cases per Term, so this (...)

The Paris Court of Appeal limits the scope of the essential facilities theory by declining to consider abusive a refusal to access to a software (NMPP / MLP)
Simmons & Simmons (Paris)
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Hewlett Packard (Boulogne-Billancourt)
Background In 2003 Messageries Lyonnaises de Presse (MLP), a press distributor, filed a complaint with the French Competition Council (hereinafter "the Council") against Nouvelles Messageries de Presse Parisienne (NMPP) on the grounds that the latter was conducting an anti-competitive practice (...)

A French first instance Court ready to welcome the defendant’s counter-claim that the plaintiff abused its alleged dominant position through aggressive and spurious patenting policy on the basis of Art. 82 EC (LuK Lamellen/Valeo)
University Paris II Panthéon‑Assas
In most patent litigation cases, the defendant’s standard defence consists in challenging the validity of the plaintiff’s patents, whose infringement is claimed. In this case, the defendant’s counter-claim was also based on a far less usual weapon, i.e. the plaintiff’s alleged abuse of dominant (...)

A Spanish Commercial Court establishes that a collecting society did not abuse its dominant position by refusing to provide special rates to a pay-TV digital platform (Canal Satélite Digital - DTS / SGAE)
Hogan Lovells (Madrid)
Canal Satélite Digital, SL (hereinafter, “CSD”), the only pay-TV digital platform currently operating in Spain, and DTS Distribuidora de TV Digital (“DTS”) (together, the “Complainants”) lodged a claim against the collecting society Sociedad General de Autores y Editores (“SGAE“) for an alleged (...)

A Spanish Court clears the main national collecting society’s pricing practice (Canal Satélite Digital - DTS / SGAE)
European Court of Justice (Luxembourg)
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Garrigues
A Spanish commercial judge has made an interesting contribution to the series of cases under EC antitrust law concerning the pricing practices of national copyright-management societies (hereinafter, “collecting societies”). The two applicants are digital TV platforms offering their clients (...)

A Spanish Court dismisses an application brought by a pay-TV against the Spanish copyright collecting society for breach of Art. 82 EC (Canal Satélite Digital - DTS / SGAE)
London School of Economics
Canal Satélite Digital, S.L. (hereinafter, “Canal Satélite”) y DTS Distribuidora de Televisión Digital, S.A. (“DTS”) are two Spanish companies whose main shareholder is Sogecable, the main pay-TV operator in Spain (which develop its pay-TV activities under the commercial name Digital+). Canal Satélite (...)

Polish Competition Authorities examine the dominant position abuse of an authors’ association on the national music copyright collective management market (ZAiKS)
French National Research Agency (ANR)
On January 9th, 2006, the Competition and Consumer Protection Court (hereafter,“CCPC”) upheld the decision of the President of the Office of Competition and Consumer Protection (hereafter, “OCCP President”) condemning ZAiKS Authors’ Association (hereafter, ZAiKS) for abusing its dominant position on (...)

A Belgian Court applies Art. 82 EC and holds that the national copyright management society abused its dominant position while relying on an European Commission written opinion delivered in the assistance procedure (SABAM / Productions & Marketing)
Sheppard Mullin (Brussels)
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In April 2000, Productions & Marketing requested authorisation from SABAM (Belgian Society of Authors) to use works of its catalogue for five concerts. SABAM offers a preferential tariff (50% price reduction) to companies considered as "big organisers". SABAM refused to grant Productions (...)

A US Court of Appeals finds that the application of misuse of patent standard related to CD-R/CD-RW licensing dispute was flawed (Philips)
Sheppard Mullin (Los Angeles)
Patent Misuse And Antitrust Tying Analysis – Close But Imperfect Substitutes* Federal Circuit Holds That Patent Pools Without Anticompetitive Effects Are Lawful In U.S. Philips Corp. v. International Trade Commission. On September 21, 2005, the Court of Appeals for the Federal Circuit reversed (...)

The Italian Competition Authority adopts an interim measure ordering that a firm, dominant in the market for the production of a certain antibiotic, must grant a license for the production of a key ingredient of the antibiotic (Merck - Carbapenem)
Shearman & Sterling (Rome)
Merck manufactures, and holds the patent of, a key active ingredient necessary for the production of an antibiotic (carbapenem) used in the treatment of particular types of infection. Merck’s patent rights have expired in most European countries and outside the EU (except the US) but, due to the (...)

The Italian competition authority opens proceedings for breach of Art. 82 EC alleging that purchasing of broadcasting rights for the football games may constitute an abuse (Reti Televisiva Italiana - Diritti calcistici)
London School of Economics
Reti Televisive Italiane S.p.A. (hereinafter, “RTI”) owns the licence for the broadcasting of three national-wide television channels, Canale 5, Italia 1 and Rete 4. RTI is a wholly owned subsidiary of Mediaset S.p.A. The latter is a subsidiary of the holding Fininvest S.p.A. During summer 2004 (...)

The Italian national competition authority finds pharmaceutical companies guilty of abuse of dominant position and imposes a drug production license (Merck - Glaxo)
Studio Legale DDPV
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Studio Legale
The Italian national competition authority (“INCA”) recently opened an in-depth investigation in the pharmaceutical sector, for breach of art. 82 of the EC Treaty. This is the first time that the INCA imposes interim measures according to art. 5 of Council Regulation n° 1/2003, of 16 December (...)

Dutch competition authorities and judges disagree on the application of the essential facility ECJ case law on imposing on the television broadcaster the obligation to license to a newspaper its TV programme (NOS/Telegraaf)
European Commission - DG HR
The Dutch national competition authority (hereafter NCA) had imposed on NOS, a Dutch national television broadcaster, the obligation to license to the Telegraaf, a national newspaper, the weekly TV programme listing at a reasonable price. The Telegraaf intended to add to its Saturday edition a (...)

The German Federal Supreme Court facilitates claim of competitors for a compulsory license by widening the ECJ Magill and IMS case law (Standard - Spundfass)
White & Case (Hambourg)
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Metro (Dusseldorf)
On 13 July 2004 the German Federal Supreme Court delivered a remarkable judgment on the prerequisites of a claim for the granting of a compulsory patent license under antitrust law. According to this judgment, the owner of a patent may be obliged to grant a license to competitors for products (...)

The European Commission condemns leading US software company for abuse of a dominant position in the market for client PC operating systems, ordering to grant compulsory license to competitor (Microsoft, Sun Microsystems)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The Greek Competition Authority considers that the Greek Society for the Protection of Intellectual Property has abused its dominant position on the market for the administration of the intellectual property rights of Greek and foreign composers (AEPI)
University College London
A number of Greek composers and the Association of Greek composers complained to the Hellenic Competition Commission (Competition Commission) that the Greek Society for the Protection of Intellectual Property (AEPI), a profit making organization of collective administration and distribution of (...)

The European Commission closes probe into computers manufacturer’s licensing terms for speech recognition engines (IBM)
European Commission - DG COMP (Brussels)
"Commission closes probe into IBM’s licensing terms for speech recognition engines"* In June 2002, the European Commission decided to close an investigation triggered by a complaint from UK voice recognition software company, AllVoice Computing plc, against IBM Corp., after the latter agreed to (...)

The European Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market (IMS Health)
British Embassy to the DRC
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European Commission - DG COMP (Brussels)
"Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market"* 1. Introduction On 3 July 2001 the Commission adopted an interim measures Decision finding that IMS Health, a US company selling pharmaceutical sales (...)

The European Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (IMS Health)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The European Commission finds that the company which created ’Green Dot’ trademark, is restricting competition by abusing its dominant position in the market for organizing the collection and recycling of sales packaging in Germany (System Deutschland)
European Commission - Secretariat General
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European Commission - DG COMP (Brussels)
"Commission acts against Duales System Deutschland AG for the abuse of a dominant position"* Introduction On April 20, 2001, the Commission adopted a decision finding that Duales System Deutschland AG (DSD), a company which created ‘The Green Dot’ (Der Grüne Punkt) trademark, is restricting (...)

The European Commission rejects a complaint of a manufacturer of toner for photocopiers against a photocopier manufacturer holding that there was no abuse of dominance (Info-Lab/Ricoh)
European Commission - DG COMP (Brussels)
"Info-Lab/Ricoh"* On 7 January 1999 the Commission rejected a complaint of Info-Lab, a manufacturer of toner for photocopiers, against Ricoh, a photocopier manufacturer. Info-Lab alleged that Ricoh abused its dominant position on the market for toner cartridges compatible with certain Ricoh (...)

The French Criminal Supreme Court confirms criminal sanctions against the CEO of a national copyright-management society for excessive fees (X / SACEM)
WTG Events
Despite the de-penalization of anticompetitive practices, acknowledged by many authors, and implemented by the Order of 1st December 1986 (the Order), Article L. 420-6 of the French commercial code (the FCC) still states that : “If any natural person fraudulently takes a personal and decisive (...)

Mergers

The EU Commission approves joint-venture offering enhanced security services for applications such as mobile payments running on smartphones and tablets (Giesecke & Devrient / Gemalto)
Stanford University - Stanford Law School
European Commission approves joint-venture in the market of Trusted Execution Environments* On 7 November 2012, the European Commission has approved, subject to conditions, the creation of the joint-venture (“the JV”) between ARM, Giesecke & Devrient and Gemalto, under the European (...)

The US FTC proposes revisions to the premerger notification rules for pharmaceutical patent licensing transactions
Crowell & Moring (Washington)
The FTC’s Proposed Revisions to the Premerger Notification Rules for Pharmaceutical Patent Licensing Transactions* Recent developments On August 13, 2012, the Federal Trade Commission (“FTC”) released proposed amendments to the Hart-Scott-Rodino (“HSR”) premerger notification rules relating to the (...)

The US DoJ clears acquisition involving standards-essential patents relevant to wireless devices (Google / Motorola Mobility)
Stanford University - Stanford Law School
U.S. DOJ clears Google’s acquisition of Motorola Mobility and other transactions involving standards-essential patents* On 13 February 2012 the U.S. Department of Justice (“DOJ”) announced the closing of investigations concerning the acquisition of Motorola Mobility Holdings Inc. (“Motorola (...)

The US DoJ closes its investigation regarding the acquisition of patents and applications from leading smartphone hardware manufacturer (Google / Motorola Mobility)
Womerang
“Honor your commitments” - The patent gatekeeping problem after antitrust regulators in the United States and the European Union cleared Google’s acquisition of Motorola’s patent pool* On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to (...)

The European Commission clears the acquisition of a smartphone and tablet manufacturer’s patent pool by a leading smartphone operating system developer (Google / Motorola Mobility)
Womerang
“Honor your commitments” - The patent gatekeeping problem after antitrust regulators in the United States and the European Union cleared Google’s acquisition of Motorola’s patent pool* On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to (...)

The Chinese MOFCOM conditionally approves a merger between two leading hard drive disks manufacturers (Seagate / Samsung)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
China’s Ministry of Commerce (MOFCOM) has approved Seagate’s acquisition of the hard drive disk division of Samsung Electronics ("Samsung HDD") under China’s Anti-Monopoly Law ("AML"), but imposed conditions to ensure that Samsung, although controlled by Seagate, remains an independent competitor. (...)

The Chinese MOFCOM publishes a conditional approval of proposed transaction under Anti-Monopoly Law (Alpha V)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
The Chinese Ministry of Commerce ("MOFCOM") has published a conditional approval of proposed transaction under China’s Anti-Monopoly Law ("AML"). This decision reflects China’s view of the broad reach of the AML’s merger provisions and the lengthy procedure that merging parties can expect. Since (...)

The US DoJ and FTC issue new horizontal merger guidelines increasing antitrust attention on mergers limiting innovation
University of Pennsylvania (Philadelphia)
The 2010 Horizontal Merger Guidelines and Restraints on Innovation* The 2010 Horizontal Merger Guidelines give increased treatment to a topic that was not well developed in previous Guidelines – namely, mergers that threaten to restrain innovation. The 1968 Guidelines had contained a statement (...)

The EU Commission clears subject to conditions an acquisition on the market for video communication systems via internet (Cisco / Tandberg)
Stanford University - Stanford Law School
European Commission clears Cisco’s acquisition of Tandberg, subject to conditions* On 29 March 2010, the European Commission approved the proposed acquisition of Norway’s Tandberg, a vendor of video communications systems, by Cisco Systems subject to conditions. On the same day, just one hour (...)

The European Commission clears merger in the internet search and search advertising services markets (Microsoft, Yahoo)
European Commission - DG COMP (Brussels)
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European Commission (Brussels)
"Economic background of the Microsoft/Yahoo! Case"* I. Introduction This paper offers an economic background for the analysis conducted by the Commission during the recent M.5727 Microsoft/Yahoo! transaction and complements the article ‘The Microsoft/Yahoo! Search business case’ published in (...)

The European Commission unconditionally clears merger between two US software undertakings (Oracle, Sun Microsystems)
European Commission - DG COMP (Brussels)
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FTI Consulting (Brussels)
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European Commission - DG MOVE
Oracle/Sun Microsystems: The challenge of reviewing a merger involving open source software* I. Introduction On 21 January 2010 the Commission unconditionally cleared the planned takeover of Sun Microsystems (‘Sun‘), a software and hardware vendor, by Oracle Corporation (‘Oracle‘), one of the (...)

The European Commission welcomes the declaration of a telecom operator to take over previous commitment after a merger (Nokia, Bosch, IPCom)
Van Bael & Bellis
Several developments that took place during December 2009 suggest that the issue of standards-setting is one that is currently of renewed interest to the European Commission, and likely to remain that way under the next Commission. On 10 December 2009, the European Commission welcomed the (...)

The US DoJ requires the sale of copies of three databases before approving a merger in the financial data sector (Thomson / Reuters)
US Federal Trade Commission (FTC) (Washington)
Despite the presence of a number of competitive overlaps and a nine– month investigation by the Antitrust Division of the U.S. Department of Justice (“DOJ”), after agreeing to sell copies of three databases in the U.S., Reuters Group PLC (Reuters) and The Thomson Corporation (Thomson) (...)

The European Commission grants clearance, subject to divestiture, to a merger in the music publishing industry (BMG/Universal)
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European Commission - DG COMP (Brussels)
"Merger control: Main developments between 1 May and 31 August 2007"* In May the Commission approved the proposed acquisition of the music publishing business of Bertelsmann Music Group(BMG) of Germany by the US-based company Universal. The Commission found that the proposed merger, as (...)

The European Commission conditionally approves merger in the music publishing business addressing the issue of market power of music publishers in view of evolutions in digital music publishing (Universal/BMG)
European Commission - DG CNECT
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Universal / BMG: Market power of music publishers in view of evolutions in digital music publishing"* On 22 May 2007, the European Commission approved, subject to conditions, the acquisition by Universal Music Group Inc. (“Universal”) of BMG Music Publishing (“BMG”). Both companies are active in (...)

The UK OFT accepts undertakings in lieu of a reference to the Competition Commission, including an exclusive licence of intellectual property rights to an upfront purchaser thereby clearing the merger in the equipment for industrial cheese production market (Tetra Laval/Carlisle Process Systems-CPS)
Baker McKenzie (Dusseldorf)
The operation By way of decision of 20 November 2006 the OFT decided to accept undertakings offered by Tetra Laval to address the competition concerns arising from the anticipated acquisition by Tetra Laval of part of CPS from Carlisle Companies Inc. Tetra Laval is a group of companies active (...)

The European Commission conditionally clears a merger in the production and sale of smart cards (Axalto/Gemplus)
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European Commission - DG COMP (Brussels)
"Mergers — Main developments between 1 May and 31 August 2006"* In May the Commission conditionally approved the proposed acquisition by the Dutch company Axalto of Gemplus (Luxemburg). Both parties to the transaction are active worldwide in the production and sale of smart cards, such as SIM (...)

The Hungarian Competition Office establishes that a sale and purchase agreement on trademarks does not qualify as a concentration of undertakings (Maspex/Apenta)
lakatos, koves and partners
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lakatos, koves and partners
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Kinstellar
Upon the request of Maspex z.o.o. ("Maspex"), the Hungarian Competition Office ("HCO") initiated an investigation in order to assess whether the transfer of trademarks owned by Apenta Ásványvíz és Üdítõ Kft. ("Apenta"), a mineral water and soft drink producer, to Maspex would qualify as concentration (...)

The US FTC proposes conditional consent order approving an acquisition of the voting securities of a major petroleum explorer and marketer (Unocal / Chevron)
Sheppard Mullin (Los Angeles)
FTC Approves Chevron’s Acquisition Of Unocal On Condition Of Release Of Patent Rights To CARB Reformulated Gasoline* The Federal Trade Commission has proposed consent orders that will approve Chevron’s acquisition of the voting securities of Unocal, which will then merge into a Chevron (...)

The European Commission acknowledges the withdrawal of a proposed joint acquisition in the digital rights management (DRM) industry (Microsoft/Time Warner/Contentguard)
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European Commission - DG COMP (Brussels)
"Mergers — Main developments between 1 January to 30 April 2005"* Microsoft and Time Warner had notified the Commission of their intention to acquire joint control of Contentguard. Contentguard is one of the main Digital Rights Management (DRM) patent-holders. The Commission launched an (...)

The European Commission approves a merger between competitors in software applications for businesses (Oracle Corp/PeopleSoft)
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European Commission - DG COMP (Brussels)
"Merger control: Main developments between 1 September and 31 December 2004"* The Commission approved Oracle Corp’s acquisition of PeopleSoft Inc. The two companies are rival makers of software applications for businesses. After a detailed investigation, the Commission concluded that there was (...)

The French Minister of Economy cleared a merger in the rail fastening sector with remedies, including commitment to license IP, or, if no licensee is found, to let the IP rights fall into the public domain (Delachaux/Pandrol)
French Competition Authority (Paris)
The operation Through this transaction, Delachaux acquired the sole control of Pandrol. Both companies were active in the rail fastening sector. The market(s) The product market was the rail fastening devices. On this market, different technologies may be used, each technology being (...)

The Czech Competition Office clears in a landmark decision in phase II a merger in the pharmaceutical sector subject to several structural and behavioural remedies, including transfer and divestment of trademarks and termination of a license agreement (Zentiva/S. L. Pharma)
Clifford Chance
The operation On the basis of share transfer agreement concluded on 20 January 2003, ZENTIVA B.V. ("Zentiva") acquired 100 % of shares in S.L. PHARMA HOLDING GESELLSCHAFT M.B.H. ("SLP") and therefore gained a sole control over the company. Zentiva operates in Czech Republic mainly through (...)

The US FTC seeks divestiture of an exact copy of software, thereby resolving anticompetitive effects from a completed merger in the engineering software industry (MSC / UAI / CSAR)
Akin Gump Strauss Hauer & Feld (Dallas)
On August 14, 2002, the FTC announced that MSC Software Corporation had agreed to enter into a consent settlement, resolving concerns that arose after MSC acquired Universal Analytics, Inc. (“UAI”) and Computerized Structural Analysis & Research Corp. (“CSAR”) in 1999. The FTC determined that (...)

The US FTC imposes divestiture of assets for one product and licensing of patents for two other products prior to approving a merger in the pharmaceuticals industry (Amgen / Immunex)
Akin Gump Strauss Hauer & Feld (Dallas)
Amgen Inc. and Immunex Corporation entered into a consent decree with the FTC on September 3, 2002 in order to proceed with the merger of the two pharmaceutical giants. To obtain clearance from the FTC, Amgen and Immunex agreed to divest Immunex’s business concerning the production of one (...)

The European Commission gives conditional approval to the proposed acquisition of German cigarette manufacturer by UK cigarette manufacturer (Imperial Tobacco Group/ Reemtsma Cigarettenfabriken)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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European Commission - DG GROW
"Merger Control: Main developments between 1st May 2002 and 31th August 2002"* The European Commission gave conditional approval to the proposed acquisition of German cigarette manufacturer Reemtsma Cigarettenfabriken GmbH by Imperial Tobacco Group Plc of the United Kingdom. The acquisition, (...)

The European Commission approves, subject to remedies, an acquisition by world’s largest food and nutrition company of a US petfood company (Nestlé/Ralston)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger control: main developments between 1 May and 31 August 2001"* On 27 July, Swiss-based Nestlé made significant concessions in order to obtain a clearance for the acquisition of the American petfood company Ralston Purina. The conditions concerns Spain, Italy and Greece. In Spain, Nestlé (...)

The Turkish Competition Authority clears a merger in the chemicals sector subject to transfer of products licenses to a third party (Glaxo-SmithKline)
Esin
The operation Prior to the transaction Glaxo was a public company which was engaged in research, development, production and marketing in the pharmaceuticals sector. Glaxo had a Turkish subsidiary named Glaxo Wellcome Ilaclarý San. A.S. (“Glaxo Turkey”) through which Glaxo carried out its (...)

The European Commission approves a merger creating the third largest crop protection company worldwide (BASF/American Cyanamid)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The acquisition of American Cyanamid, the crop protection subsidiary of American Home Products, will create the third largest crop protection company worldwide. The deal raised serious competition concerns in (...)

The European Commission authorizes, subject to remedies, the participation of UK Broadcaster in the pay-tv operator in Germany (BSkyB/KirchPayTV)
European Commission - DG COMP (Brussels)
"The Commission’s assessment of the participation of BSkyB in the pay-tv operator in germany"* Pay-TV KirchPayTV has a virtual monopoly on the German pay-TV market, although with a loss making business. BSkyB adds a very successful pay-TV company, with experience of digital interactive TV (...)

State Aids

The EU General Court dismisses an action for annulment brought by a competitor against a Commission decision finding no state aid in relation to licensing of software terms offered by a university (Scheepsbouwkundig Advies- en Rekencentrum)
European Procurement Law Group
State aid and (university) software licensing: who’s interested? (T-488/11)* In its Judgment of 12 June 2014 in case Sarc v Commission, T-488/11, EU:T:2014:441, the General Court of the EU (GC) has assessed an interesting case concerned with the licensing of software developed at a Dutch (...)

The French Supreme Administrative Court considered that a tax exemption for "private use" copyrights did not qualified as State aid (Syndicat des Industries de Matériels Audiovisuels Electroniques)
European Court of Justice (Luxembourg)
French Administrative Supreme Court (Conseil d’État), 6 February 2004, Syndicat des Industries de Matériels Audiovisuels Electroniques, Case n° 250560, not published The French Intellectual Property Code (Code de la propriété intellectuelle), provides, inter alia, that intellectual property right (...)

The French judiciary and administrative supreme Courts both consider that a copyright levy is not a State aid (Techni Import Professionnel - Syndicat des Industriels des Matériels Audiovisuels Electroniques)
Schmitt Avocats
French Civil Supreme Court (Cour de Cassation), 4 January 1994, Société Techni Import Professionnel (TIP), Case n° 91-12279 French Administrative Supreme Court (Conseil d’Etat), 19 March 1997, Syndicat des Industriels des Matériels Audiovisuels Electroniques et autres, Case n° 81627 Since its (...)

Procedures

The U.S. Court of Appeals for the Federal Circuit renders a split decision regarding sham patent litigation (Tyco Healthcare / Mutual Pharmaceutical)
Jones Day (Washington)
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Jones Day (Cleveland)
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Jones Day (Washington)
The U.S. Court of Appeals for the Federal Circuit has remanded for further consideration antitrust claims accusing a patent holder of filing a sham infringement suit and a sham citizen petition with the Federal Drug Administration. The case is Tyco Healthcare Group LP v. Mutual Pharmaceutical (...)

The US District Court for the Northern District of Georgia refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine, since such a conclusion would have contradicted the decision of the Supreme Court finding that a reverse payment settlement agreement should be subject to antitrust scrutinity (Actavis)
Sheppard Mullin (Los Angeles)
FTC v. Actavis on Remand: A New Chapter* District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT) (N.D. GA April 21, 2014). In (...)

A US Court of Appeals affirms the dismissal of the antitrust claims, agreeing that plaintiffs lack standing (Bruce Max Davis / AT&T Wireless Services)
Orrick, Herrington & Sutcliffe (San Francisco)
Digital Content Producers (Still) Lack Antitrust Standing to Sue Wireless Carriers Over MMS* In a prior post, I covered the district court’s decision in Davis v. AT&T Wireless Services, Inc. There, the Central District of California dismissed antitrust claims against various wireless (...)

A US District Court denies three motions for summary judgment for failing to provide sufficient evidence of a relevant market and of manifest anticompetitive effects (American Needle / New Orleans Louisiana Saints)
University of Michigan
So Whatever Happened to American Needle?* You remember American Needle, right? It is the 2010 U.S. Supreme Court opinion that explains when the action of a joint venture is the action of a single entity or, instead, the result of an agreement among the joint venture members. Now back on (...)

A US District Court dismisses an antitrust class action against two pharma producers regarding an agreement to postpone the production of a generic epilepsy and bipolar disorder drug because no reverse payment with cash was involved to keep the rival off the market (GSK / Teva)
DLA Piper Weiss-Tessbach (Vienna)
U.S. District Court holds that Actavis requires monetary payments for antitrust scrutiny to be applicable* On January 24, 2014 U.S. District Judge William H. Walls dismissed an antitrust class action against GlaxoSmithKline LLC (“GSK”) and Teva Pharmaceutical Industries Ltd. (“Teva”) regarding (...)

The US Supreme Court reviews a decision of a District Court in order to determine a party’s standing to maintain an action under Federal Trademark Law (Lexmark International / Static Control Components)
Womble Carlyle Sandridge & Rice (Washington D.C.)
Supreme Court to Decide Requirements for Standing under Lanham Act* In the coming weeks, the Supreme Court will decide a case involving the proper framework for determining standing to maintain an action for false advertising under the Lanham Act. The case, Lexmark International, Inc. v. (...)

The New York State Office of AG Schneiderman announces a groundbreaking settlement with a patent assertion entity (MPHJ Technology Investments)
DLA Piper Weiss-Tessbach (Vienna)
New York Attorney General reaches agreement with “Patent Trolls” to bar deceptive practices* The prosecutor’s office announced that the New York attorney general (“NY AG”) Eric Schneiderman has reached an agreement with MPHJ Technology Investments LLC (“MPHJ”), a so-called patent troll, to stop (...)

The US ITC decides to review the entire final initial determination issued by the presiding administrative law judge concerning RAND defences and infringements of standard essential patents (LSI-Realtek 337)
DLA Piper Weiss-Tessbach (Vienna)
U.S. ITC reviews the ALJ’s entire initial determination in the LSI-Realtek 337 case* On 17 October 2013 the International Trade Commission (ITC) issued a Notice determining that it will review the final initial determination (ID) issued by the presiding administrative law judge (ALJ) of 18 July (...)

A US District Court determines the RAND licensing rate per Wi-Fi chip while considering related issues such as hold-up, royalty stacking and reverse hold-up (Innovatio)
DLA Piper Weiss-Tessbach (Vienna)
The second judicial determination of F/RAND rates* On 27 September 2013 the second judicial determination – after Judge Robart’s ruling in Microsoft v Motorola – on F/RAND royalty rates was handed down by Judge Holderman. Innovatio IP Ventures LLC owns several patents essential to the 802.11 (...)

The U.S. White House addresses frivolous patent litigation: impact on competition issues
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
On June 4, 2013, the White House announced a set of executive actions and legislative recommendations to address the issue of frivolous litigation brought by companies that assert patents without also manufacturing a product based on those patents. That same day, the National Economic Council, (...)

A U.S. District Court interprets the Foreign Trade Antitrust Improvements Act to preclude antitrust claims by a Chinese manufacturer against its Chinese competitor (Lotes v. Foxconn)
University of Indiana - Maurer School of Law
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Clements & Shackle LLC
Lotes Co., a manufacturer of USB devices, sued its competitor Foxconn in the United States District Court for the Southern District of New York alleging violations of Section One and Section Two of the Sherman Act. Lotes competes directly with Foxconn in the market for making and selling USB (...)

The Chinese State Administration of Industry and Commerce makes another attempt to define anticompetitive exercise of intellectual property rights
Qualcomm
In mid-August, 2012, the Chinese State Administration of Industry & Commerce (SAIC) released a Draft Guide on Anti-Monopoly Law Enforcement in the Field of Intellectual Property Rights in a conference open to media and public. That was the fifth draft in a series, and a newstep after three (...)

The US Supreme Court issues a decision addressing the pharmaceutical “use codes” and their impact on generic drugs approval process (Caraco)
Gibson Dunn (New York)
New U.S. Supreme Court Decision Addresses Pharmaceutical “Use Codes”* The U.S. Supreme Court recently issued a decision that provides generic pharmaceutical manufacturers with the ability to challenge the “use codes” listed by brand name manufacturers in filings made with the U.S. Food and Drug (...)

An administrative law judge of the US ITC rejects the patent misuse defense as a matter of law (Barnes & Noble)
Stanford University - Stanford Law School
U.S. ITC ALJ rejects Barnes & Noble allegations of patent misuse as a matter of law* On 31 January 2012 an administrative law judge of the U.S. International Trade Commission (“U.S. ITC”) found that Microsoft’s conduct did not amount to patent misuse as a matter of law (In the Matter of (...)

The US FTC publishes a report on patent system recommending reforms on notice and remedies to benefit both consumers and competition
Gibson Dunn (New York)
U.S. Federal Trade Commission Recommends Changes to U.S. Patent System* The U.S. Federal Trade Commission (“FTC”) has issued a report analyzing the U.S. patent system from a competition policy perspective. The FTC recognizes that, like the competitive process fostered by competition law, the (...)

The Chinese State Council publishes policies on further encouraging the development of the software and integrated circuit industries
China Competition Bulletin (Beijing)
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China Competition Bulletin (Beijing)
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Institute of American Studies
State Council: Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries* The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January (...)

The Chinese State Administration for Industry and Commerce (SAIC) submits to the Legislative Affairs Office of the State Council a revised draft of the unfair competition law to respond to the changing economy
AnJie Law (Beijing)
Revised Unfair Competition Law responds to changing economy* Introduction The Unfair Competition Law, which was enacted in 1993, has been described as the constitution of the market economy. However, China’s rapid social and economic development has given rise to new forms of unfair (...)

A US court of appeals overturns a lower court decision addressing the issue of the copyright’s first sale doctrine in the computer software industry (Vernor/Autodesk)
University of Chicago - Law School
Vernor v. Autodesk: Copyright, Software Upgrades and Secondary Markets* Earlier today, the Ninth Circuit decided an important case about the scope of the first sale doctrine in copyright as applied to computer software. In Vernor v. Autodesk, the court concluded that the documents in question (...)

A Shanghai Court announces the creation of a specialized panel of judges dedicated to hearing anti-monopoly lawsuits
Jones Day (Beijing)
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Jones Day (Beijing)
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Winston & Strawn (New York)
On December 22, 2008, the Shanghai No. 2 Intermediate Court announced the establishment of a new specialized combined panel of judges (called the "反垄断案件专项合议庭" in Chinese, and referred to below as the "Specialized AML Panel") dedicated to hearing AML lawsuits and related actions. The Specialized AML Panel (...)

The UK High Court of Justice rules on enforceability of patent non-challenge clause (Knorr-Bremse Systems - KBS)
Pinsent Masons (London)
Background The Claimant is an English company which is part of the World’s largest brake systems manufacturing group (the KBS Group). It is a wholly owned subsidiary of a German company (KBS GmbH). The Defendant is a German company and is part of a group of companies which, along with the KBS (...)

Regulations

The Latvian Competition Council concludes a sector inquiry into the market for manufacturing of circulatory systems drugs
Competition Council of Latvia
The Competition Council concludes sector inquiry into the market of drugs of circulatory system* The Competition Council (CC) has concluded sector inquiry into the market of realization of circulatory systems’ drugs. Within it, the CC analysed the structure and trends of the market, evaluated (...)

The U.S. FTC issues report on the evolving intellectual property marketplace
Jones Day (Washington)
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Jones Day (Cleveland)
This week the Federal Trade Commission issued its long-anticipated report, "The Evolving IP Marketplace: Aligning Patent Notice and Remedies With Competition." The report is seen by the FTC as continuing the "policy engagement with the patent system" that it launched in its controversial (...)

The Paris Court of first instance denies an airline company having an exclusive distribution model the right to prevent an online travel agency from selling its tickets (RyanAir / Opodo)
Google (Paris)
Summary The well known low-cost airline company RyanAir wishes to have control over online sales of its tickets. It has launched several lawsuits in Europe (in France, Germany, Ireland, Netherlands, Spain, Swiss) to protect its websites from “screen-scraping”. Screen-scraping consists in the (...)

The European Commission publishes final results of its inquiry in the pharmaceutical sector
European Commission - DG COMP (Brussels)
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EU Delegation to the OECD and UNESCO (Paris)
"Final results of the Commission pharmaceutical sector inquiry: competition and regulatory concerns to address"* On 8 July 2009, the Commission presented the final results of its sector inquiry into pharmaceuticals. The inquiry examined the competitive relationship between originator and (...)

The EU Commission’s pharmaceuticals sector inquiry report signals future antitrust actions
Gibson Dunn (Hong Kong)
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Jones Day (Amsterdam)
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Jones Day (Frankfurt)
The pharmaceuticals sector in the European Union will remain under close antitrust scrutiny in the coming years. This is confirmed by the Communication the European Commission released yesterday in which it summarizes the main conclusions from its sector inquiry that started in January 2008. (...)

The UK High Court of Justice rules that an auction website cannot be held responsible for fake products sold through its auction web site and refers to the ECJ for some other key issues (L’Oréal v. eBay)
EDHEC Business School
Is eBay primarily and/or jointly liable for trademark infringements committed by some of its users selling counterfeit items through the auction website? Does the online auctioneer itself commit infringements by using luxury brands as advertising keywords, in order to promote its online (...)

A French Civil Court considers that the leading online auctions website must benefit from the “host” legal statute created by the French Law for trust in numerical economy (L’Oréal/eBay)
EDHEC Business School
eBay Inc., technical host of the website ebay.fr, eBay International, which runs the services proposed on ebay.fr, eBay Europe, which is the co-contractor of sellers and buyers (located in the EU) on eBay, eBay France, which is the advertising agency and the contact of French internet users of (...)

The European Commission presents its preliminary results concerning the pharmaceutical sector inquiry raising competition concerns
European Commission - DG COMP (Brussels)
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EU Delegation to the OECD and UNESCO (Paris)
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European Commission - DG COMP (Brussels)
"Preliminary results of Commission pharmaceutical sector inquiry raise competition concerns"* On 28 November 2008, the Commission presented the preliminary findings of its sector inquiry into pharmaceuticals. The report shows that originator companies engage in practices that can contribute to (...)

A US federal judge clears sale of counterfeit luxury goods through auction website, ruling that luxury companies are primarily responsible for policing their trademarks online (Tiffany / eBay)
EDHEC Business School
In a lawsuit brought by the famous jewellery maker Tiffany & Co. , the US District Court of New York (Southern District, Manhattan) ruled on 14 July 2008 that eBay is not required to make greater effort for policing its site for counterfeit items, the primary burden for protecting a brand (...)

A French Court rules that the registration of a domain name may amount to a violation of a trademark coexistence agreement (Eurostar, SNCB, SNCF/Eurostar Diamond Traders)
Google (Paris)
When a trademark coexistence agreement is silent on the question of the electronic use of the sign at stake, can one of the parties register a domain name which includes this sign ? This question was raised for the first time before the Paris Court of Appeals, in a dispute over the name , (...)

The Paris Court of appeals rules that Google makes an illegal use of trademarks through its keywords advertising program (GIFAM / Google)
Google (Paris)
Google has been sued in France by several household appliance manufacturers and their professional union, and fined for using said manufacturers’ trademarks in its keywords advertising tool. Among thirty decisions issued by French courts against the search engine over its AdWords service, this (...)

The European Commission launches sector inquiry into pharmaceuticals
European Commission - DG COMP (Brussels)
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European Commission - DG EMPL
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European Commission - DG COMP (Brussels)
"Commission launches sector inquiry into pharmaceuticals"* On 15 January 2008, the Commission initiated an inquiry into the pharmaceutical sector. As a first step, the Commission undertook unannounced inspections at the premises of a number of pharmaceutical companies in the EU. It was (...)

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