Geoffrey Oliver is partner at Jones Day (Washington). His practice focuses on antitrust matters, with emphasis on government merger and conduct investigations and on litigation and counseling with respect to matters involving antitrust and patent law. He counsels high-tech and manufacturing companies in the computer, semiconductor, consumer electronics, satellite, defense, pharmaceutical, health care, and medical devices industries. Mr. Oliver co-coordinates the firm’s practice involving application of antitrust law to issues involving intellectual property. From 1998 to 2007, Mr. Oliver held various positions in the Federal Trade Commission’s Bureau of Competition, including Assistant Director responsible for the Anticompetitive Practices Division. During his tenure at the FTC, he supervised numerous nonpublic investigations and litigated cases in both the FTC’s Part III administrative proceedings and federal court. He was lead counsel on In re Rambus Inc. and played substantial roles on litigation teams for In re Hoechst Marion Roussel, Inc. et al., In re Intel Corp., and FTC v. Tenet Healthcare Corp. In addition to his enforcement responsibilities at the FTC, he participated in various policy initiatives involving standard-setting, intellectual property, and other issues. Before joining the FTC, Mr. Oliver spent ten years in private practice in Washington, D.C. and Brussels, Belgium. Mr. Oliver has written on antitrust enforcement topics and has spoken on antitrust and intellectual property issues in the United States and abroad. He currently serves on the board of editors of the ABA’s Antitrust magazine.
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In August 2020, the Anti-Monopoly Bureau of China’s State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile industry, and intellectual property rights. The subjects of this White (...)
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In Short The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute, which permits the FTC to obtain injunctions, does not explicitly (...)
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In Short The Situation: The United States Court of Appeals for the Third Circuit ruled that the FTC could not recover past profits under FTC Act Section 13(b) if the alleged violation occurred in the past and the defendant was not "violating" or "about to violate" the law. The Impact: The (...)
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The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)
163
Three years after initiating an extensive sector study under section 6(b) of the FTC Act, the Federal Trade Commission has issued its report on the activities of patent assertion entities ("PAEs"). The report, titled Patent Assertion Entity Activity: An FTC Study ("PAE Report"), sets forth the (...)
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The D.C. Circuit has rejected a challenge by the Pharmaceutical Research and Manufacturers of America ("PhRMA") to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer "all commercially significant rights." The rule, adopted in 2013, (...)
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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 (...)
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The Federal Trade Commission ("FTC") has released a draft Strategic Plan for Fiscal Years 2014-2018 (the "2014 Plan"). Despite the ambitious title, the 2014 Plan actually focuses on a small number of procedural issues. It provides no indication of the FTC’s likely substantive agenda or (...)
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The U.S. Federal Trade Commission this week announced a highly unusual proposed consent agreement reached with Robert Bosch GmbH ("Bosch") that permits Bosch’s acquisition of SPX Service Solutions U.S. LLC ("SPX Service Solutions") from SPX Corporation ("SPX") to proceed. More significantly, it (...)
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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 (...)
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The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen competition (...)
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In a decision that was filed under seal in late August but released publicly just last week, the U.S. District Court for the District of Minnesota dismissed with prejudice the complaint filed by the Federal Trade Commission (FTC) and the State of Minnesota challenging the already-consummated (...)
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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 (...)
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A recent court decision on alleged “signaling” of competitive plans between airlines highlights the antitrust risks of making detailed public statements about future business plans. On August 2, 2010, a federal district court in Atlanta refused to dismiss an airline passenger class action (...)
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On December 23, the Federal Trade Commission published a set of interim final rules governing trials held before the Commission. The interim final rules incorporate most, but not all, of the rules changes first proposed by the FTC in October 2008. The interim final rules are likely to have a (...)
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On Thursday, September 25, the Federal Trade Commission announced and released for public comment proposed changes to the rules governing trials held before the Commission. The changes, if adopted, could have a significant effect on both merger and non-merger litigation. They should be of (...)
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What are the consequences for business of the Commission’s Communication on Article 82 of the Treaty? Does it make the Commission’s action more predictable? Does the use of a wide range of economic criteria reduce the risk that pro-competitive practices by dominant companies will be considered (...)
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