Deirdre McEvoy is Lead Antitrust and Regulatory Counsel at Siemens. She was Counsel in Patterson Belknap Webb & Tyler’s Litigation department and a member of the firm’s White Collar Defense and Investigations Team. Ms. McEvoy most recently served as Chief of the New York Field Office of the U.S. Department of Justice’s Antitrust Division. Prior to heading the Antitrust Division’s New York Field Office, Ms. McEvoy served for ten years in the U.S. Attorney’s Office for the Southern District of New York, where she spent three years as Deputy Chief of the Criminal Division. During her time in the Southern District, she successfully investigated and prosecuted a wide array of complex securities and commodities fraud offenses, including accounting fraud, insider trading, investment adviser fraud, market manipulation, broker bribery and mail and wire fraud. Following law school graduation, Ms. McEvoy served as a Law Clerk to the Honorable Chester J. Straub in the U.S. Court of Appeals for the Second Circuit and to the Honorable Nina Gershon in the U.S. District Court for the Eastern District of New York.
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Hong Kong Competition Commission Releases Leniency Guidelines* On September 23, the Hong Kong Competition Commission (HKCC) released a draft of its “Leniency Policy for Undertakings Engaged in Cartel Conduct.” The draft specifies when the HKCC will refrain from pursuing monetary penalties (...)
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Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with Acceleration Clauses* On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three (...)
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Divided Fourth Circuit Panel Slices Up Twombly in Table Saw Boycott Suit* Last week, a divided three-judge panel of the Fourth Circuit issued a significant decision in a boycott conspiracy case, SD3, LLC v. Black & Decker, No. 14-1746 (4th Cir. Sept. 15, 2015). The suit, at its heart, (...)
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Ninth Circuit Clarifies Analysis of Alleged Hub-and-Spoke Conspiracies Under the Sherman Act* Yesterday, the Ninth Circuit issued an opinion affirming the dismissal of plaintiffs’ consolidated complaint in In re Musical Instruments and Equipment Antitrust Litigation. In addressing (...)
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Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics* Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to (...)
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In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss* Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern (...)
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Following Actavis, California Supreme Court Crafts “Structured Rule of Reason” Test for Evaluating Pay-for-Delay Settlements* Last Thursday the Supreme Court of California decided In re Cipro Cases I & II, No. S198616 (Cal. May 7, 2015), holding that reverse payment, or “pay-for-delay,” (...)
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First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea* In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to (...)
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The French Competition Authority Updates its Leniency Program* Last month, the French Competition Authority (“the Authority”) updated the “Procedural Notice” for its leniency program. (Click here for the 2015 version of the Notice in French and here for the 2009 version of the Notice in (...)
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In re: Aluminum Warehousing: Cats Live for Another Day* On March 26, 2015, U.S. District Judge Katherine Forrest of the Southern District of New York, in a very colorful decision that metaphorically describes the plaintiffs as cats trying to locate a “rat” in the world of aluminum (...)
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Russia Amends Criminal Code on Antitrust Violations* Russia has amended its criminal code on cartels, signaling a major change in antitrust law enforcement. On March 8, 2015, President Vladimir Putin signed a Federal Law “introducing changes to Article 178 of the Criminal Code of the (...)
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Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit* Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005, Netflix (...)
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Motion to Dismiss Denied in FX Rigging Case* A federal judge in New York on Wednesday allowed a consolidated class action by U.S.-based investors concerning the rigging of the foreign exchange (FX) market to move forward. In denying a motion to dismiss, U.S. District Judge Lorna G. Schofield (...)
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Supreme Court Revives LIBOR Antitrust Appeal in Gelboim et al. v. Bank of America Corp. et al.* On January 21, 2015, the Supreme Court of the United States issued a highly anticipated decision in a LIBOR-based antitrust class action suit allowing a plaintiff to immediately take a direct (...)
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When Can an Organization Conspire with Itself?* The U.S. Court of Appeals for the Fifth Circuit last week reversed a jury verdict and rendered judgment for American Quarter Horse Association (AQHA) in a much-contested antitrust case about AQHA’s ban of cloned horses. The Fifth Circuit left (...)
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Seventh Circuit to Motorola: No Rehearing En Banc* On December 1, 2014, we wrote about the Seventh Circuit’s decision in Motorola Mobility LLC v. AU Optronics Corp., which affirmed dismissal of the vast majority of Motorola’s claims regarding LCD panels. Motorola filed a petition for (...)
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Antitrust Claims Survive Motions to Dismiss in the New Jersey Tax Lien Bid-Rigging Class Action* The plaintiffs’ antitrust claims in the New Jersey municipal tax lien auction bid-rigging class action may proceed, the federal judge presiding over the litigation has ruled. New Jersey (...)
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Civil Antitrust Attorneys Receive Wire-Tap Evidence* The Canada Supreme Court ruled earlier this month that civil antitrust plaintiffs may receive wire-tap evidence obtained in the criminal investigation into an alleged price-fixing scheme by several large gas companies. During the criminal (...)
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Are Antitrust Compliance Programs Protected by Attorney-Client Privilege?* We’ve previously written about the components of effective antitrust compliance programs and the potential benefits corporations may achieve by adopting them. (Read some of our posts here and here.) In drafting (...)
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Plausibly Alleging Non-monetary Settlements as Reverse Payments After Actavis* In In re Lipitor Antitrust Litigation, No. 12 Civ. 2389 (D.N.J.), U.S. District Judge Peter G. Sheridan has confirmed his prior ruling that under the Supreme Court’s decisions in Twombly, Iqbal, and FTC v. (...)
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In re Credit Default Swaps Antitrust Litigation: Big Banks Still Must Face Section 1 Sherman Act Claim* In a decision upholding most of the class action antitrust claims against 12 of the world’s largest financial institutions, Judge Cote of the Southern District of New York held that the (...)
