Patents Settlements

Anticompetitive practices

The EU Court of Justice Advocate General Kokott proposes to uphold the fine of almost €94 million imposed on a pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram (Lundbeck)
European Court of Justice (Luxembourg)
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram* The Advocate (...)

The UK Competition Authority secures disqualification of pharmaceutical company director for 5 years for breaching competition law (Amit Patel / Auden McKenzie / Amilco)
United Kingdom’s Competition Authority - CMA (London)
Pharma company director disqualified for competition law breaches* The CMA has secured the disqualification of pharmaceutical company director Amit Patel after he admitted his role in arrangements that broke competition law. Amit Patel has signed undertakings that ban him from holding a (...)

The Japanese FTC approves commitment plan submitted by international contact lenses company to alleviate concerns of restrictive trading practices (Cooper Vision Japan)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Cooper Vision Japan, Inc.* In response to the Notice of Commitment Procedures which the Japan Fair Trade Commission (hereinafter referred to as “JFTC”) issued to Cooper Vision Japan, Inc. (hereinafter referred to as “Cooper Vision Japan”) on March 13, (...)

The Guangzhou Intellectual Property Court rules its first trademark infringement and unfair competition case regarding parallel import, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)
King & Wood Mallesons (Beijing)
First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court* Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither (...)

The German Competition Authority discontinues its administrative proceeding against 2 TV broadcasters who secured exclusive rights to champions league broadcast because of new market entrants and the unpredictability of football season due to COVID-19 (Sky / DAZN) Free
German Competition Authority (Bonn)
Proceeding against Sky and DAZN discontinued – Award procedure relating to Champions League broadcasting rights* Today, the Bundeskartellamt discontinued its proceeding against Sky Ltd., London, and DAZN Group Ltd., London, for discretionary reasons; the proceeding had been conducted due to (...)

The US FTC adds 6 State Attorneys General as new co-complainants in suit against anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim (Vyera Pharmaceuticals / Martin Shkreli / Phoenixus / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
Six More States Join FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals, Martin Shkreli, and Other Defendants* Defendants engaged in anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim The Federal Trade Commission has (...)

The US DoJ agrees to civil settlement with additional firm involved in bid rigging that targeted fuel supply contracts for US military bases in South Korea (Jier Shin Korea / Sang Joo Lee)
US Department of Justice - Antitrust Division (Washington)
DOJ Agrees to Civil Settlement with Additional Firm Involved in Bid Rigging and Fraud Targeting Defense Department Fuel Supply Contracts for U.S. Military Bases in South Korea* South Korea-based company Jier Shin Korea Co. Ltd., and its president, Sang Joo Lee, have agreed to pay $2 million to (...)

The UK Competition Appeals Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damage claim findings that are contained in settlements (DAF Trucks)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an abuse (...)

The UK CMA welcomes the EU Court of Justice ruling in a pay-for-delay case (Paroxetine Case)
United Kingdom’s Competition Authority - CMA (London)
CMA welcomes EU Court ruling in pay-for-delay drug case* The CMA welcomes a ruling from the EU Court of Justice in relation to its case that drug companies supplying an antidepressant called paroxetine broke the law. The ruling, released today, follows appeals from GlaxoSmithKline and other (...)

The EU Court of Justice clarifies the conditions under which ‘pay-for-delay’ agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition ‘by object’ or ‘by effect” as well as an abuse of dominant position (Generics - UK)
University of Liège
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University of Liège
On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...)

The Hungarian Competition Authority fines €4.8 million undertakings for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)

The German Competition Authority fines €646 million three companies and three persons for agreeing and exchanging certain supplements and surcharges for quarto plates (Ilsenburger / Thyssenkrupp Steel / Voestalpine)
Fieldfisher (Düsseldorf)
Steel manufacturers fined record €646 million for agreeing surcharges and exchanging information* The Federal Cartel Office (FCO) has fined three companies and three persons a total of approximately €646 million. The companies agreed and exchanged certain supplements and surcharges for so-called (...)

The German Competition Authority fines car manufacturers for anticompetitive practices in the purchase of steel (BMW / Daimler / Volkswagen)
German Competition Authority (Bonn)
German car manufacturers fined for anticompetitive practices in the purchase of steel* The Bundeskartellamt has imposed fines totalling around 100 million euros on Bayerische Motoren Werke AG, Daimler AG and Volkswagen AG for anticompetitive practices in the purchase of long steel products. (...)

The French Competition Authority fines road transport companies for market sharing (Astre)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Astre transport group €3.8 million for anticompetitive practices.* Background Following an investigation report sent by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité de la concurrence has today (...)

The French Competition Authority imposes a € 3.8 million fine on a transport association for market sharing (Astre)
Van Bael & Bellis (Brussels)
On 28 October 2019, the French Competition Authority (“FCA”) imposed a fine of € 3.8 million on ASTRE, an association of small and medium-sized transport companies, for having introduced in 1997 a non-competition clause into its internal rules of procedure, its articles of association and its (...)

The UK Competition Authority fines three construction companies for price-fixing, market sharing and exchange of information (Stanton Bonna Concrete / CPM / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
Construction firms fined £36 million for breaking competition law* The CMA has issued 3 firms with fines totalling more than £36 million for breaking competition law in supplying certain concrete drainage products for building projects. Following an investigation by the Competition and Markets (...)

The Danish Competition Authority informs that demolition companies and its management members payed fines after they entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime (G. Tscherning / Villy C. Petersen / Brandis)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Demolitions companies and management members pay fines in settlement agreements for bid rigging* Three demolition companies and three management members have entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime for infringing (...)

The Swiss Competition Commission fines a manufacturer of sport products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

The Australian Parliament passes a repeal of subsection 51(3) of the Competition and Consumer Act 2010
Jones Day (Sydney)
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Jones Day (Sydney)
Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)

The Barcelona Court of Appeal applies a narrow reading of the exhaustion principle to trade marks with common origin (Schweppes)
Van Bael & Bellis (Brussels)
On 22 July 2019, the Barcelona Court of Appeal (“Audiencia Provincial de Barcelona”) delivered a judgment on an appeal by Schweppes SA (“Schweppes”) against a judgment of the Commercial Court of Barcelona in which it held that the evidence provided by Red Paralela, a parallel importer, was (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products (Sanrio)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The investigation of the Commission has found that Sanrio banned traders from selling licensed merchandise of Hello Kitty and other characters outside their territorial coverage but within the European Economic Area (“EEA”). Sanrio is a Japanese company that designs, licenses, produces and sells (...)

The French Competition Authority fines a distribution cooperative of raw materials and equipment to bakers for market sharing (Back Europ)
French Competition Authority (Paris)
Distribution of raw materials and equipment to bakers* The Autorité hands down fines to the cooperative Back Europ for having organised, on the whole of France, a geographical market distribution between its members. L’essentiel The Autorité hands down fines to the cooperative Back Europ for (...)

The Shanghai IP Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)
Beijing Foreign Studies University (Beijing)
From the perspective of anti-unfair competition law, Feiyi Company fictitiously increased the video visits of IQiYi’s website by technical means - the first case of inflating traffic on video websites in China. In recent years, the excessive pursuit of traffic in the Internet industry has (...)

The Canadian Competition Bureau announces that ticket vendors will pay $4 million penalty to settle drip pricing advertising case (Ticketmaster)
Steve Szentesi Law Corporation (Vancouver)
TICKETMASTER ENTITIES AGREE TO $4 MILLION PENALTY TO SETTLE DRIP PRICING ADVERTISING CASE On June 27, 2019, the Competition Bureau (Bureau) announced that Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have agreed to pay a $4 million penalty and $500,000 of the (...)

The EU Commission fines five banks for participating in foreign exchange spot trading cartel (Barclays / RBS / Citigroup / JPMorgan / MUFG)
DG COMP (Brussels)
Antitrust: Commission fines Barclays, RBS, Citigroup, JPMorgan and MUFG €1.07 billion for participating in foreign exchange spot trading cartel* In two settlement decisions, the European Commission has fined five banks for taking part in two cartels in the Spot Foreign Exchange market for 11 (...)

The Hague Court of Appeal delivers its judgment on an alleged infringement of patent essential to the universal mobile telecommunications system standard (Asus / Philips)
Van Bael & Bellis (Brussels)
On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal (...)

The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the trade secrets directive (Conversant / LG)
Van Bael & Bellis (Brussels)
On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of (...)

The U.S. FTC reverses Administrative Law Judge decision, finding Section 5 violation for reverse-payment settlement (Impax)
Rutgers University (New Jersey)
In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the Federal Trade Commission (FTC or Commission) offered its first elaboration upon this (...)

The EU General Court reduces a fine totalling over €30 million imposed in a cartel case (Pometon)
Van Bael & Bellis (Brussels)
On 28 March 2019, the General Court (“GC”) delivered a judgment on an appeal lodged by Pometon against the European Commission’s (“Commission”) decision in the Steel Abrasives cartel case (Case T-433/16, Pometon SA v. Commission). In April 2014, the Commission imposed fines totalling over € 30 (...)

The U.S. District Court For The Northern District Of Illinois receives a class action complaint against a pay-for-delay agreement (Abbvie)
Constantine Cannon (Washington)
Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims* Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful. (...)

The Danish Competition Authority fines several plumbing companies and three managers for bid rigging (Christoffersen & Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging* The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)

The EU Commission accepts final commitments in a cross-border access to pay-TV case (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
Van Bael & Bellis (Brussels)
According to a press release issued on 7 March 2019, the European Commission (“Commission”) has formally accepted the commitments offered by Disney, NBC Universal, Sony Pictures, Warner Bros. and Sky in Case 40.023, Cross-border access to pay-TV, under Article 9 of Regulation 1/2003. The (...)

The EU Commission fines car safety equipment suppliers for illegal information exchanges (Takata / Autoliv / TRW)
DG COMP (Brussels)
Antitrust: Commission fines car safety equipment suppliers € 368 million in cartel settlement* The European Commission has fined Autoliv and TRW a total of € 368 277 000 for breaching EU antitrust rules. Takata was not fined as it revealed the cartels to the Commission. The companies took part (...)

The Hellenic Competition Authority fines several construction companies for bid-rigging in the public works of infrastructure (Alpine Bau)
Hellenic Competition Authority (Athens)
Decision no.647/4.7.2017 of the Competition Commission on ex officio investigation into tenders concerning large projects of infrastructure for violation of Αrticles 1 of Law 703/77, 1 Law 3959/2011 and 101 TFEU, regarding the undertakings that have not been placed under the Settlement (...)

The German Competition Authority fines eight providers of magazine lending services for concluding customer allocation agreements (Daheim / Brabandt / Dörsch / Krumbeck / Medien- Palette / Die Hanse / Hettling ́s LeseZirkel / Hettling)
German Competition Authority (Bonn)
Eight providers of magazine lending services fined on account of unlawful customer allocation agreements* The Bundeskartellamt has imposed fines amounting to approx. three million euros on eight magazine lending service providers. The companies are accused of having concluded illegal customer (...)

The EU General Court awards damages to an envelope producer due to the EU Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Van Bael & Bellis (Brussels)
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement procedure, (...)

The EU Commission issues a Report on Competition enforcement in the pharmaceutical sector covering the years 2009-2017
DG COMP (Brussels)
Report on Competition enforcement in the pharmaceutical sector (2009-2017)* On 28 January 2019, the European Commission adopted the Report ‘European competition authorities working together for affordable and innovative medicines’ on competition enforcement in the pharmaceutical sector. The (...)

The EU Commission publishes a report on competition enforcement in the pharmaceutical sector between 2009 and 2017
Van Bael & Bellis (Brussels)
On 28 January 2019, the European Commission adopted a report on competition enforcement in the pharmaceutical sector between 2009 and 2017. The report provides an overview on the enforcement of antitrust and merger rules in the pharmaceutical sector and describes how competition law enforcement (...)

The Belgian Competition Authority adopts a settlement decision in a case concerning a practice of resale prise maintenance (HM Products Benelux)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the BCA adopts a settlement decision for imposing maximum discount levels on a network of dealers and imposes a fine amounting to 98.000 EUR* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) sanctions the company (...)

The EU Commission fines a credit card company for obstructing merchants’ access to cross-border card payment services (Mastercard II)
DG COMP (Brussels)
Antitrust: Commission fines Mastercard €570 million for obstructing merchants’ access to cross-border card payment services* The European Commission has fined the card scheme Mastercard €570 566 000 for limiting the possibility for merchants to benefit from better conditions offered by banks (...)

The UK Competition and Markets Authority provisionally finds that three drainage product manufacturers participated to illegal cartel (FP McCann / Derbyshire-based Stanton Bonna Concrete / Somerset-based CPM Group)
United Kingdom’s Competition Authority - CMA (London)
Two construction firms admit to illegal cartel* The CMA has provisionally found that 3 drainage product manufacturers broke competition law by co-ordinating prices for customers and sharing the market. Two of the businesses – Derbyshire-based Stanton Bonna Concrete Ltd and Somerset-based CPM (...)

The EU General Court rules that territorial exclusivity clauses in copyright licensing agreements raise competition concerns (Canal+)
Van Bael & Bellis (Brussels)
On 12 December 2018, the EU General Court (“GC” or “Court”) dismissed the application for annulment which Canal + SA (“Canal +”) had brought against a European Commission (“Commission”) decision that had made commitments offered by Paramount Pictures Ltd (“Paramount”) in the context of copyright (...)

The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier)
Dechert (Paris)
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Dechert (Paris)
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Dechert (Paris)
On 12 December 2018, the General Court (“Court”) partially annulled the European Commission’s decision of 9 July 2014 in the Servier case and consequently reduced Servier’s fine by more than 30%, from €330.99 million to €228.32 million. After the Lundbeck judgment of 8 September 2016, this second (...)

The EU General Court offers a mixed review of patent settlement agreements in the pharmaceutical sector (Servier)
Van Bael & Bellis (Brussels)
On 12 December 2018, the General Court (“GC”) once again passed judgment on a number of patent settlement agreements in the pharmaceutical sector. It had already reviewed such agreements in September 2016 when it upheld the decision of the European Commission (the “Commission”) in the Lundbeck (...)

The EU General Court holds that patent settlements may be deemed “pay-for-delay” agreements only if there are reverse payments, and the originator may not be held dominant if the market is not assessed rigorously (Servier)
Portolano Cavallo (Milan)
The Servier judgments: patent settlements may be deemed “pay-for-delay” agreements, and thus by-object infringements of Article 101 TFEU only if Commission substantiates strong indication of “reverse payment” or “abnormal inducement” from the originator to the generic; further, the originator cannot (...)

The Hellenic Competition Authority decides to settle a case against two press distribution agencies for participating in horizontal agreements or/and concerted practices (Argos / Europi)
Hellenic Competition Authority (Athens)
Settlement case in the market of distribution of Greek press* By its unanimous Decision No. 669/2018, the Grand Chamber of the Hellenic Competition Commission (“HCC”) decided to settle a case against two press distribution agencies in Greece, ARGOS SA Press Distribution Agency (“ARGOS”) and (...)

The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijin iQIYI Technology / Beijing Sogou Information)
Beijing Foreign Studies University (Beijing)
The Anti-Unfair Competition Law of the People’s Republic of China stipulates seven types of unfair competition, namely, label confusion (Article 6), commercial bribery (Article 7), misleading statements (Article 8), infringement on trade secrets (Article 9), improper prize-winning sales (Article (...)

The Hellenic Competition Authority settles a case against two undertakings for concluding anticompetitive agreements in the market for the production and marketing of dairy products (FrieslandCampina Hellas / Mandrekas)
Hellenic Competition Authority (Athens)
Settlement of market segmentation case in the market for the production and marketing of dairy products* By its unanimous Decision No. 668/2018, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against two (2) companies in the market for the production (...)

The US DoJ announces that three South Korean companies in the market of oil refiners and logistics agreed to plead guilty and to enter into a civil settlement for bid rigging (SK Energy / GS Caltex / Hanjin Transportation)
GeyerGorey (Washington)
DOD Bid Rigging Whistleblower and Related Antitrust Division Criminal Cases* Last week the Antitrust Division announced that three South Korean companies had agreed to plead guilty and to enter into civil settlements for rigging bids on United States Department of Defense Fuel Supply Contracts (...)

The US DoJ reaches settlement with six broadcast television companies and prohibits share of competitive sentitive information in the television spot advertising market (Sinclair Broadcast Group / Raycom Media / Tribune Media Company / Meredith Corporation / Griffin Communications / Dreamcatcher Broadcasting)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
THE LATEST: DOJ Reaches Settlement with Six Broadcast Television Companies* The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter (...)

The French Competition Authority fines three companies for bid-rigging in the public lighting sector (Lapize de Sallée)
French Competition Authority (Paris)
Public lighting in Ardèche* The Autorité de la concurrence has fined a company in Ardèche for entering into agreements with competitors to secure public procurement contracts Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) (...)

The Hungarian Competition Authority reduces fines of companies sanctioned for bid-rigging in the radiology IT products market (GE Hungary / Silver Woo)
Hungarian Competition Authority (Budapest)
Substantial reduction of fine thanks to cooperation of the parties* The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT (...)

The French Competition Authority fines wholesale distributors of veterinary medicinal products and their professional association for anticompetitive practices (Alcyon / Coveto / Centravet)
French Competition Authority (Paris)
Distribution of veterinary medicinal products* The Autorité de la concurrence fines wholesale distributors of veterinary medicinal products and their professional association nearly 16 million euros for anticompetitive practices The Autorité de la concurrence, which began proceedings ex officio (...)

The EU Commission fines eight producers of capacitors for cartel (Elna / Hitachi Chemical / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Rubycon)
DG COMP (Brussels)
Antitrust: Commission fines eight producers of capacitors €254 million for participating in cartel* The European Commission has fined Elna, Hitachi Chemical, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Rubycon € 253 935 000. Together with the immunity applicant, Sanyo, they (...)

The French Competition Authority fines an undertaking for implementing anticompetitive agreements in the tobacconist security provision sector (Sécurité Vol Feu)
French Competition Authority (Paris)
Anticompetitive agreements in the tobacconist security provision sector in the Isère département* The Autorité de la concurrence fines the Sécurité Vol Feu company Following an investigation carried out by the General Directorate for Competition Policy, Consumer Affairs and Fraud Control (...)

The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)
DG COMP (Brussels)
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

The Danish Competition Authority fines a construction company for exchange of information with a competitor in a bid rigging case (Troels Jørgensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Construction company pays fine in settlement for bid rigging* On 11 January 2018, the contruction company Troels Jørgensen A/S entered into a settlement with a competitor for infringing section 6 of the Danish Competition Act. The company accepted to pay a fine of DKK 3,200,000 (€ (...)

The EU Court of Justice clarifies exhaustion of trademark principles and broadens the interpretation of economic links between trademark owners (Schweppes / Red Paralela)
Van Bael & Bellis (Brussels)
On 20 December 2017, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Case C-291/16 Schweppes v Red Paralela and Others. The ECJ held that the owner of a trademark may not oppose the parallel importation of goods bearing an identical trademark but originating in (...)

The US Court of Appeals for the Ninth Circuit upholds dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement (Casacade Computer / RPX / Samsung)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
What Happened: Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung (...)

The US Court of Appeals for the Third Circuit affirms the District Court judgment for titanium dioxide purchaser on the grounds that plaintiff lacked sufficient evidence to allege a conspiracy to fix prices (Valspar / DuPont)
McDermott Will & Emery (Washington)
What Happened: On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court affirmed the district court’s grant of summary judgment for (...)

The Hellenic Competition Authority fines undertakings active in the construction sector (AKTOR)
Hellenic Competition Authority (Athens)
Settlement Procedure - Infringement decision with fines addressed to undertakings active in the construction sector regarding infringements of Article 1 of the Greek Competition Act and Article 101 TFEU* The Hellenic Competition Commission (HCC), by unanimous decision, found that fifteen (15) (...)

The French Competition Authority fines several companies which have implemented exclusive import agreements (Materne)
French Competition Authority (Paris)
Exclusive distribution of dessert products in La Réunion and Mayotte* The Autorité de la concurrence fines Materne and its wholesaler-importer for continuing to implement an exclusive import agreement after the “Lurel Act” came into force. The “Lurel Act” bans any exclusive import agreement The (...)

The US Court of Appeals for the Ninth Circuit affirms the dismissal of an antitrust counterclaim in a labor dispute (ICTSI / ILWU)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Düsseldorf)
On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime (...)

The EU Commission sends a statement of objection to a pharmaceutical company regarding possible pay-for-delay agreement (Teva / Cephalon)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Teva on ’pay for delay’ pharma agreement* The European Commission has informed pharmaceutical company Teva of its preliminary view that an agreement concluded with Cephalon was in breach of EU antitrust rules. Under the agreement, Teva (...)

The EU Commission fines three car lighting system producers for their involvement in a cartel (Automotive Lighting / Hella / Valeo)
DG COMP (Brussels)
Antitrust: Commission fines three car lighting system producers €27 million in cartel settlement* The European Commission has fined Automotive Lighting and Hella a total of €26 744 000 for participating in an automotive lighting cartel, in breach of EU antitrust rules. Valeo was not fined as it (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against two film producers and two digital cinema service providers (K Sera Sera Digital Cinema / Pen India)
Vaish (New Delhi)
CCI closes case against the producers and presenters of ‘Kahaani-2’ with respect to alleged anticompetitive agreement* CCI vide its order dated June 21, 2017dismissed allegations of contravention of Section 3 and 4 of the Act against Pen India Ltd., Bound Script Motion Pictures Pvt. Ltd., UFO (...)

The US FTC reaches settlement agreement with a company over challenged professional association rules due to restriction of competition among its organist and choral conductor members (AGO)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
DLA Piper (Brussels)
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DLA Piper (London)
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DLA Piper (Amsterdam)
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

The EU Commission publishes final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a 16-page (...)

The Belgian Competition Authority fines several companies for bid-rigging (Siemens)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes fines totalling 1 779 000 euros for a cartel in the context of a public contract* The Investigation and Prosecution Service of the Belgian Competition Authority (hereinafter “the Investigation and Prosecution Service”) sanctions a cartel between five (...)

The Bulgarian Competition Authority approves commitments by oil companies suspected of cartel activities (Lukoil Bulgaria / Eco Bulgaria / Shell Bulgaria / OMV Bulgaria / NIS PETROL)
Tsvetkova Bebov Komarevski (Sofia)
The Bulgarian Commission for Protection of Competition has approved commitments by oil companies suspected of cartel activities* On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil (...)

The Belgian Competition Authority fines a leading yeast producer and three parent companies for several infringements of Articles 101 and 102 TFEU (Algist Bruggeman)
Van Bael & Bellis (Brussels)
On 22 March 2017, the Belgian Competition Authority (“BCA”) imposed a fine amounting to € 5,489,000 on leading yeast producer Algist Bruggeman NV (“AB”), and three parent companies, for several infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (“TFEU”) and (...)

The Hellenic Competition Authority issues its first decision under the new simplified settlement procedure (Hondos)
Prentoulis Gerakini Law Partnership (Athens)
February 2017 marks the first decision of the Hellenic Competition Commission (HCC) under the terms of the new simplified Settlement Procedure. The case The HCC settled a case against eight companies of the HONDOS "group" (run by different family members) in the beauty and cosmetics market (...)

The Hellenic Competition Authority decides to settle a price-fixing case in the beauty and broader cosmetics sector (Hondos)
Hellenic Competition Authority (Athens)
Settlement of price-fixing case involving HONDOS in the beauty and broader cosmetics sector* By its unanimous Decision No. 636/2017, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against eight (8) companies controlled by HONDOS family members in the (...)

The Irish Competition and Consumer Protection Committee acts to stop potentially anti-competitive conduct by private landlords (IPOA)
Trinity College Dublin
Two cheers for the Ireland’s Competition and Consumer Protection Commission action against potentially anti-competitive conduct by private landlords* Introduction With great alacrity Ireland’s Competition and Consumer Protection Commission (CCPC) has intervened successfully to hold the Irish (...)

The U.S. FTC and DOJ publish revised antitrust guidelines for the licensing of intellectual property
Weil, Gotshal & Manges (New York)
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Weil, Gotshal & Manges (Washington)
FTC and DOJ finalize revised Antitrust Guidelines for the Licensing of Intellectual Property* On January 12, 2017 the DOJ and FTC jointly issued final updated Antitrust Guidelines for the Licensing of Intellectual Property (Updated IP Guidelines). Acting Assistant Attorney General Renata (...)

The EU Court of Justice confirms that the EU Commission has a considerable margin of discretion to revise a proposed fine upwards concerning companies that have withdrawn from a settlement procedure (Timab Industries)
McDermott Will & Emery (Washington)
The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements* The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for (...)

The UK Competition Authority fines suppliers of galvanised steel tanks for bid-rigging (Franklin Hodge)
United Kingdom’s Competition Authority - CMA (London)
CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Envelopes cartel)
Van Bael & Bellis (Brussels)
Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the settlement (...)

The EU Commission fines rechargeable battery producers €166 million in cartel settlement (Sony / Panasonic / Sanyo)
DG COMP (Brussels)
Antitrust: Commission fines rechargeable battery producers €166 million in cartel settlement* The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million. The companies and Samsung SDI coordinated prices and exchanged sensitive information on supplies of rechargeable (...)

The U.S. Court of Appeals for the Tenth Circuit holds that the invocation of intellectual property rights is a presumptively valid business justification sufficient to rebut a refusal to deal antitrust claim (Solidfx / Jeppesen Sanderson)
Cleary Gottlieb Steen & Hamilton (Rome)
Tenth Circuit holds IPRs defense available to rebut a refusal to deal antitrust claim* On 31 October 2016, the United States Court of Appeals for the Tenth Circuit (the “Court of Appeals”) held that the invocation of IPRs is a presumptively valid business justification sufficient to rebut a (...)

The US Federal Trade Commission issues report on patent assertion entities
Rutgers University (New Jersey)
On October 6, 2016, the Federal Trade Commission (FTC) issued its long-awaited report on patent assertion entities (PAEs). Sometimes called “patent trolls,” these actors have elicited fierce debate, with critics lamenting their ability to demand ransom money and hold up an industry while (...)

The US Court of Appeals for the Third Circuit offers misguided analysis of product hopping (Mayne / Warner Chilcott / Mylan)
Rutgers University (New Jersey)
On September 28, 2016, the U.S. Court of Appeals for the Third Circuit issued a misguided ruling granting defendants’ motion for summary judgment and ignoring the regulatory framework relevant to “product hopping,” by which a drug company switches from one version of a drug to another, sometimes (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
DG COMP (Brussels)
Antitrust: Commission welcomes General Court judgments upholding its Lundbeck decision in first pharma pay-for-delay case Today the General Court upheld the Commission’s Lundbeck decision and ruled for the first time that pharma pay-for-delay agreements breach EU antitrust rules. In such (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
University of East Anglia (Norwich)
General Court’s pay for delay judgment in Lundbeck – some guidance, but worries remain*On 8 September, the General Court handed down its eagerly awaited decision in Lundbeck – the first ever European judgment concerning so-called pay for delay settlements. The Commission’s decision in this case was (...)

The EU General Court upholds the EU Commission’s landmark patent settlement agreement decision (Lundbeck)
Sidley Austin (London)
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Sidley Austin (London)
EU General Court upholds Commission’s landmark Patent Settlement Agreement decision* In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the (...)

The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)
Peters & Peters (London)
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Peters & Peters (London)
Lundbeck - Buying off the competition* On 8 September 2016, the ECJ handed down its judgment in the latest battle between pharmaceutical companies and competition authorities over “pay for delay” agreements. The appeal of H Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) against the decision (...)

The EU General Court confirms fines imposed on an undertaking and generic drug manufacturers for entering into anticompetitive "pay-for-delay" agreements (Lundbeck)
McDermott Will & Emery (Washington)
GENERAL COURT OF THE EU CONFIRMS FINES IMPOSED ON LUNDBECK AND GENERIC DRUG MANUFACTURERS FOR ENTERING INTO PATENT SETTLEMENTS* On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, (...)

The EU General Court upholds the EU Commission’s fine of €150 m on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
EU COURT CONFIRMS EUROPEAN COMMISSION’S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic (...)

The Hungarian Competition Authority finds for the first time that mere negotiations concerning a draft consortium agreement can qualify as a hardcore cartel (Alcufer)
Baker McKenzie (Budapest)
On 26 July the Hungarian Competition Authority published its first ever cartel settlement decision which granted a 10% reduction from the fine to a settling party. The decision found that already the mere fact of negotiating with competitors a draft consortium agreement containing restrictive (...)

The EU Commission accepts commitments that correct passive sales restrictions caused by geo-blocking of audio-visual content (Paramount)
Van Bael & Bellis (Brussels)
On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures (“Paramount”) as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales. In July 2015, the Commission had expressed concerns that (...)

The EU Commission accepts commitments on geo-blocking practices restricting passive sales of audio-visual content (Paramount)
Fieldfisher (London)
Territorial restrictions in media content licensing – lessons from the Paramount commitments decision* The European Commission’s battle against territorial restrictions in media content licences continues on a number of fronts. One of those is an investigation launched in January 2014 into (...)

The Hellenic Competition Commission introduces settlement procedure for cartels
Hellenic Competition Authority (Athens)
HCC introduces settlement procedure for cartels* By its unanimous Decision No. 628/2016, the Hellenic Competition Commission (HCC) established the terms and conditions of the settlement procedure in cartel cases, according to the provisions of Articles 25a and 14 par 2 of the Greek Competition (...)

The UK Competition and Markets Authority fines online retailers for using automated repricing software to implement an illegal cartel (Trod / GB Posters)
United Kingdom’s Competition Authority - CMA (London)
Online seller admits breaking competition law* An online seller has agreed to accept a fine after admitting using automated repricing software to implement an illegal cartel. Trod Limited has admitted agreeing with one of its competing online sellers, GB eye Limited (trading as ‘GB Posters’), (...)

The Hellenic Competition Authority introduces settlement procedure for cartels
Hellenic Competition Authority (Athens)
HCC introduces settlement procedure for cartels* By its unanimous Decision No. 628/2016, the Hellenic Competition Commission (HCC) established the terms and conditions of the settlement procedure in cartel cases, according to the provisions of Articles 25a and 14 par 2 of the Greek Competition (...)

The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Van Bael & Bellis (Brussels)
On 7 July 2016, the Court of Justice of the European Union (the “ECJ”) issued its judgment on a request for a preliminary ruling from the Paris Court of Appeal, which had enquired whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent (...)

The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Blackstone Chambers (London)
License fees, invalid patents and Article 101 TFEU: Genentech v Hoechst and Sanofi Aventis* Consider an agreement under which a license fee is payable for use of a patented technology even if it transpires that the patent is invalid. Is such an agreement contrary to Article 101 TFEU? The answer (...)

The EU Court of Justice rules that royalties for unpatented technology are not necessarily anticompetitive (Genentech)
McDermott Will & Emery (Paris)
EU COURT RULES THAT ROYALTIES FOR UNPATENTED TECHNOLOGY ARE NOT NECESSARILY ANTICOMPETITIVE* On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as (...)

The French Competition Authority adopts a settlement decision concerning a case involving companies active in the distribution of consumer goods overseas (Henkel)
French Competition Authority (Paris)
Exclusive distribution of consumer goods in overseas territories – Settlement* Within the framework of a settlement between all the parties, the Autorité de la concurrence fines Henkel and its wholesaler-importers in several overseas departments €600,000. In brief The Autorité de la (...)

The Belgian Competition Authority adopts a settlement decision concerning market sharing agreements concluded between SMEs in the regular river cruise sector (Dinant / Les Bateaux mouches)
Belgian Competition Authority (Brussels)
The Investigation & Prosecution Service of the Belgian Competition Authority adopts a settlement decision for market sharing agreements between SMEs in the regular river cruise sector and imposes a fine amounting to 64,100 euros* The Investigation & Prosecution Service of the Belgian (...)

The UK Court of Appeal overturns a UK Patents Court decision and allows competition law arguments in a FRAND dispute in relation to Standard Essential Patents (Unwired Planet / Huawei / Samsung / Ericsson)
Monckton Chambers (London)
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Monckton Chambers (London)
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Monckton Chambers (London)
Court of Appeal reinstates Samsung’s case on non-discrimination and FRAND*On Friday 27 May, the Court of Appeal handed down an important judgment on the interplay between competition law and the licensing of essential patents.This is part of a landmark patent infringement case where Unwired (...)

The Danish Competition Authority announces that three franchisees and one franchisor entered into a settlement for price fixing and market sharing (Lely Nordic)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Franchise chain in Denmark pays fine in settlement for fixed selling prices and shared markets of supply with respect to milking robots”* In April 2016, the franchisor Lely Nordic A/S, three Danish franchisees and a person from the management in Lely Nordic A/S entered into a (...)

The Spanish Competition Authority fines the national radio broadcasting association for making collective recommendations to its members with anticompetitive effect (AERC)
European Commission (Brussels)
The CNMC fines the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial, AERC) 190,000 euros* Madrid, 21 April 2016. - The CNMC has fined the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial: AERC) for (...)

Advocate General Wathelet concludes that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Van Bael & Bellis (Brussels)
On 17 March 2016, Advocate General Wathelet issued his opinion on a request for a preliminary ruling from the Paris Court of Appeal, which inquired as to whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent, which is the subject (...)

The EU General Court confirms Commission’s decision on immunity applications and attribution of liability (Deutsche Bahn / Schenker)
Blackstone Chambers (London)
The Freight-Forwarding Cartels in the General Court: Lessons on Leniency and Discretion*On 29 February 2016, the General Court handed down its judgments in Case T-265/12 Schenker Ltd v European Commission; Case T-267/12 Deutsche Bahn AG and others v European Commission, upholding the (...)

The Belgian Competition Authority adopts its second settlement decision in an industrial battery cartel case (Battery manufacturers)
Van Bael & Bellis (Brussels)
On 23 February 2016, the College of Competition Prosecutors (the “Competition College”) of the Belgian Competition Authority adopted its second settlement decision involving six battery manufacturers (Battery Supplies, Celecric, Emrol, Enersys, Exide Technologies and Hoppecke) on account of these (...)

The Belgian Competition Authority fines 6 undertakings for price-fixing agreement in the sector of industrial batteries (Emrol)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes fines amounting to 3.857.000 EUR for price-fixing in the sector of industrial batteries* The Investigation and Prosecution Service of the Belgian Competition Authority sanctions 6 companies for price-fixing by applying an agreed lead surcharge to the (...)

The FTC urges the Court of Appeals for the First Circuit to hold that a reverse payment need not be in cash (Loestrin)
DLA Piper Weiss-Tessbach (Vienna)
U.S. FTC urges the Appeals Court to revive the Loestrin Suit* On December 7, 2015, during oral argument, the U.S. FTC urged the Court of Appeals for the First Circuit to revive the Loestrin suit. The case concerns a so-called reverse payment settlement. In 2009 Watson Pharmaceuticals agreed (...)

The U.S. Court of Appeals for the First Circuit concludes that a reverse payment need not be in cash (Loestrin)
Rutgers University (New Jersey)
On February 22, 2016, in the second federal appellate drug patent settlement ruling since the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the U.S. Court of Appeals for the First Circuit vacated a lower court decision granting a motion to dismiss for defendants. Writing (...)

The U.S. Court of Appeals for the First Circuit concludes that a reverse payment need not be in cash (Loestrin)
Constantine Cannon (New York)
First Circuit boosts antitrust challenges to pay-for-delay settlements by finding non-cash deals subject to Actavis scrutiny*Antitrust challenges to so-called “pay-for-delay” settlements—in which brand-name drug makers temporarily keep generics out of the market by making payments to would-be (...)

The UK Competition and Markets Authority fines several pharmaceutical companies for pay-for-delay settlements (GlaxoSmithKline)
United Kingdom’s Competition Authority - CMA (London)
CMA fines pharma companies £45 million* The CMA has fined a number of pharmaceutical companies for anti-competitive conduct and agreements in relation to the supply of paroxetine. The CMA’s decision relates to conduct and agreements between 2001 and 2004 in which GlaxoSmithKline plc (GSK), the (...)

The UK Competition and Markets Authority fines pharmaceutical companies for pay-for-delay deals (GSK)
Constantine Cannon (London)
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Constantine Cannon (London)
UK Antitrust Watchdog slaps $65 million fine on Pharma Companies in UK’s first pay-for-delay case*On 12 February 2016, the Competition and Markets Authority (“CMA”), UK’s competition regulator, fined a number of pharma companies for anti-competitive conduct and agreements in relation to the supply (...)

The EU Commission fines €137 million car parts producers in a cartel settlement (Melco / Hitachi)
DG COMP (Brussels)
Antitrust: Commission fines car parts producers € 137 789 000 in cartel settlement* The European Commission has imposed fines of € 137 789 000 on Melco (Mitsubishi Electric) and Hitachi for participating in a cartel for alternators and starters with another firm, Denso, in breach of EU antitrust (...)

The Competition Commission of India finds prima facie case for abuse of dominance and anti-competitive terms in technology licensing agreement (Mahyco Monsanto Biotech)
Tata Institute of Social Sciences (Mumbai)
Background Reference from Ministry of Agriculture and separate complaint from Nuziveedu Seeds Ltd and certain other seed companies alleging abuse of dominant position and anti-competitive practices in Bt-cotton technology licensing process by Mahyco Monsanto Biotech (MMB) has led to this prima (...)

The Chinese NDRC and the Chongqing AIC take separate actions to punish cartel conduct and refusal to supply in the pharmaceutical industry (Allopurinol)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Both the NDRC and the Chongqing Administration for Industry and Commerce (Chongqing AIC) have recently taken enforcement action to address anticompetitive conduct involving allopurinol. Allopurinol tablets are a common treatment for gout (known as hyperuricemia), widely used in clinical (...)

The U.S. District Court for the Southern District of New York dismisses lawsuit over patent settlement where generics were granted early-entry licenses with acceleration clauses (Takeda Pharmaceuticals)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
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 (...)

The South African Competition Commission fines two shipping companies for bid-rigging and exercises a considerable degree of discretion when choosing a strategy for imposing an administrative penalty (Shipping Cartel)
Nortons (Sandton)
Shipping Cartel: Recent approach to fining in SA* AAT previously reported (here and here) that the SACC had been investigating cartel behaviour which allegedly took place between multiple shipping liners who transported vehicles for various Original Equipment Manufacturers (“OEMs”). The (...)

The US FTC subjects to public comment the consent agreement proposed by two pharmaceutical companies that implemented an unlawful agreement not to compete (Concordia and Par)
US Federal Trade Commission (FTC) (Washington)
Pharmaceutical companies settle ftc charges of an illegal agreement not to compete, which resulted in higher prices for generic version of ADHD drug* Pharmaceutical companies Concordia Pharmaceuticals Inc. and Par Pharmaceutical, Inc. have settled FTC charges that they entered into an unlawful (...)

The Hellenic Competition Authority accepts commitments from petrol product suppliers regarding long term exclusive cooperation agreements with petrol stations (BP Hellas / Shell Hellas)
Ernst & Young (Athens)
By its decision No. 602/11.08.2015, the Hellenic Competition Commission (the “HCC”) unanimously accepted the commitments offered by nine (9) petrol product suppliers, to cease presumed violations of Art. 1 L. 703/77 and Art. 101 TFEU. This decision (the “HCC decision”), which was the first HCC case (...)

The US District Court for the District of Massachusetts rejects a request for a new trial to challenge a “pay-for-delay” agreement (Nexium)
Wolters Kluwer (Riverwoods)
Judgment for Drug Companies Unlikely the End of the Road in Nexium Case* The federal district court in Boston has rejected a request from purchasers of AstraZeneca LP’s heartburn medication Nexium for a new trial to challenge a “reverse payment” or “pay-for-delay” agreement between AstraZeneca and (...)

The EU Court of Justice receives an appeal from an undertaking part to a cartel settlement against EU General Court judgement in the animal feed phosphates cartel case (Timab)
Sidley Austin (London)
Timab litigates settlement all the way to the CJEU* The European Commission (“Commission”) introduced its settlement procedure for cartel cases back in 2008. The main aims? To make life easier for the Commission and to keep cartel cases out of the overburdened EU Courts. But Timab – a party (...)

The EU Commission issues a statement of objection against companies offering pay-TV services for geographical market sharing (Disney / NBCUniversal / Paramount Pictures / Sony / Twentieth Century Fox / Warner Bros)
University of East Anglia (Norwich)
The European Commission’s Battle Over Pay-TV Services: Can Segmenting the EU Market Be Justified?* Yesterday the European Commission issued a Statement of Objections to Sky UK and six major US film studios, taking the preliminary view that restrictions put in place to prevent consumers located (...)

The UK Patents Courts considers Articles 101 and 102 TFEU in FRAND dispute relating to standard essential patents (Unwired Planet / Huawei / Samsung / Google / Ericsson)
University College London
Give us a FRAND: Unwired Planet v Huawei & Samsung*On 29 January, Mr Justice Birss gave judgment in the second UK patent trial between Unwired Planet, Samsung and Huawei, holding that two of Unwired Planet’s patents are invalid for obviousness. The case concerns patents that were declared (...)

The U.S. District Court for the Northern District of California upholds assignment of antitrust claims to indirect purchasers (United Food / Teikoku Pharma)
Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers* Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case [1] was brought by (...)

The EU Commission fines cargo train operators in a cartel settlement (Express Interfracht / Schenker)
Constantine Cannon (London)
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Constantine Cannon (London)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement* The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)

The EU Commission imposes fines on cargo train operators for participating in a cartel (Express Interfracht / Schenker)
DG COMP (Brussels)
Commission fines cargo train operators € 49 million for cartel* The European Commission has imposed fines of € 49 154 000 on Express Interfracht, part of the Austrian railway incumbent Österreichische Bundesbahnen ("ÖBB"), and Schenker, part of the German railway incumbent Deutsche Bahn ("DB"), (...)

The EU Commission sends statement of objections to a credit card company regarding its cross-broder rules and inter-regional interchange fees (Mastercard II)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to MasterCard on cross-border rules and inter-regional interchange fees* The European Commission today has sent a Statement of Objections to MasterCard. The Statement of Objections outlines the Commission’s preliminary view that MasterCard’s (...)

A U.S. appellate panel questions whether reverse payments need to be in cash to put the patent settlement under the scrutiny of antitrust laws (GlaxoSmithKline)
DLA Piper Weiss-Tessbach (Vienna)
Reverse payments can be non-cash according to appellate judges* On 19 November 2014 in a hearing regarding the possible reopening of a lawsuit over whether GlaxoSmithKline (GSK) unfairly extended the monopoly on its drug Lamictal, an appellate panel of the Third Circuit suggested that reverse (...)

The US Court of Appeals for the Third Circuit concludes that the Actavis ruling applies to non-cash payments (Lamictal)
Rutgers University (New Jersey)
On June 26, 2015, in the first federal appellate drug patent settlement ruling since the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the U.S. Court of Appeals for the Third Circuit overturned a lower court decision granting a motion to dismiss for defendants. Writing for (...)

The US Department of Justice sues four hospitals for an anticompetitive agreement in South-Central Michigan (Hillsdale / Branch / ProMedica / Allegiance)
Constantine Cannon (New York)
Antitrust Enforcers Sue Four Hospitals For Carving Up South-Central Michigan* The Antitrust Division of the U.S. Department of Justice and the Michigan Attorney General’s Office are suing four Michigan hospital systems for allegedly engaging in antitrust violations by agreeing to refrain from (...)

The US Supreme Court reaffirms the rule precluding patent owners from collecting patent royalties on expired patents (Kimble / Marvel)
Constantine Cannon (Washington)
Supreme Court Cites Spiderman In Ruling Against Post-Expiration Patent Royalties* Spiderman swung through the halls of the U.S. Supreme Court yesterday as Justice Elena Kagan liberally relied on the comic book superhero in the Court’s decision in Kimble v. Marvel Enterprises, Inc., reaffirming (...)

The Belgian Competition Authority adopts its first settlement decision and fines retailers and producers of home and personal care products (Cartel de la beauté)
Stephenson Harwood (London)
I. Background On 18 September 2006 the Belgian Competition Authority (BCA) opened an investigation into the Home and Personal Care (HPC) market in Belgium following Colgate’s leniency application. Few months later the BCA carried out dawn raids at the premises of the main large retailers in (...)

The EU Commission fines a parking heaters producer for cartel in the context of a settlement (Eberspächer)
DG COMP (Brussels)
Commission fines parking heaters producer €68 million in cartel settlement* The European Commission found that two German producers of automotive parts, Eberspächer and Webasto, have breached EU antitrust rules prohibiting cartels and restrictive business practices. They coordinated prices and (...)

The Court of Appeal for the District of Columbia rejects a challenge to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer all commercially significant rights (PhRMA)
Jones Day (Washington DC)
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Sheppard Mullin (Washington)
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Jones Day (Chicago)
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, (...)

The U.S. FTC reaches record $1.2 billion proposed “pay for delay” settlement and injunctive relief restricting future similar settlements of patent infringement cases (Cephalon)
Weil, Gotshal & Manges (New York)
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Weil, Gotshal & Manges (New York)
Federal Trade Commission Reaches Record $1.2 Billion Proposed “Pay for Delay” Settlement with Cephalon and Injunctive Relief Restricting Future Similar Settlements of Patent Infringement Cases* Last week, on the eve of trial, the Federal Trade Commission (“FTC”) reached a proposed settlement in (...)

The U.S. FTC reaches a settlement with a pharmaceutical company and continues march “to set a standard for the industry” in pay-for-delay settlements cases (Cephalon)
Sheppard Mullin (San Francisco)
,
Reed Smith (Washington)
Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement* On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals, which acquired Cephalon in 2012, over reverse payment for its (...)

The U.S. FTC reaches settlement in post-Actavis reverse payment case (Cephalon)
Gibson Dunn (Washington)
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,
Debevoise & Plimpton (Washington, D.C.)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Federal Trade Commission (“FTC”) has reached a settlement resolving its claims that Cephalon, Inc. violated the antitrust laws by entering into reverse payment (...)

The U.S. Court of Appeals for the Second Circuit addresses pharmaceutical “product hopping” in decision barring a producer from pulling older version of drug from shelves (Actavis)
Winston & Strawn (Washington)
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Winston & Strawn (Washington)
Few courts have addressed antitrust challenges to pharmaceutical “product hopping,” i.e., the practice of shifting customers from a drug nearing the end of its patent protection to a modified version that is covered by newer patents and thus is protected from generic competition for a longer (...)

The California Supreme Court delineates a structured rule of reason analysis for evaluating reverse payments or pay-for-delay settlements (Cipro)
Sheppard Mullin (San Francisco)
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Reed Smith (Washington)
California Supreme Court Delineates a Structured Rule of Reason Analysis for Evaluating Reverse Payment or Pay-for-Delay Settlements* On May 7, 2015, the California Supreme Court issued its long-awaited decision in In re Cipro Cases I & II, Case No. S198616 (May 7, 2015) (Cipro). Cipro (...)

The California Supreme Court crafts "structured rule of reason" test for evaluating pay-for-delay settlements (Cipro)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
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,” (...)

The California Supreme Court cements vigorous scrutiny of reverse-payment settlements (Cipro)
Rutgers University (New Jersey)
On May 7, 2015, in the first appellate reverse-payment ruling since the U.S. Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the California Supreme Court overturned a lower court decision granting summary judgment for defendants. On behalf of all seven Justices, Justice (...)

The Finnish Competition and Consumer Authority and the Finnish Ministry of Employment and the Economy jointly explore potential need to develop national law regarding digital business and commerce
University of Helsinki
The Finnish Competition and Consumer Authority (FCCA) and the Finnish Ministry of Employment and the Economy (FMEE) have published a press release and a memo about launching a study on digital business and commerce from the standpoint of assessing whether the need exists to better adapt (...)

The Danish Competition Authority concludes a settlement with a supplier of hardball-gear guilty of resale price maintenance (ActionSportGames)
Danish Competition and Consumer Authority (Copenhagen)
ActionSportGames pays fine in settlement for resale price maintenance* On April 30, 2015, ActionSportGames A/S, a Danish supplier of hardball-gear – an activity similar to paintball – entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for (...)

The Danish Competition Authority concludes a settlement with a producer of trailers guilty of price resale maintenance (Variant)
Danish Competition and Consumer Authority (Copenhagen)
Variant A/S, Denmark, pays fine in settlement for resale price maintenance* On April 29, 2015, Variant A/S, a Danish producer of trailers, entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale (...)

The U.S. District Court for the Eastern District of Pennsylvania holds that a firm which has engaged in fraud on the patent office cannot stand on its patent to defend reverse payment antitrust claims (Cephalon)
Sheppard Mullin (San Francisco)
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Paul Hastings (Washington)
Last year in a landmark decision, the Supreme Court ruled that pharmaceutical “reverse payment” settlements in Hatch-Waxman Act “Paragraph 4” patent litigation are subject to challenge, departing from the rule that most Circuits had adopted. FTC v. Actavis, 133 S.Ct. 2223 (2013). In these cases, (...)

The US Circuit Court of Appeals for the Third Circuit annuls a district court’s order which certified a class of direct purchasers in a price-fixing suit in the blood reagents market (Ortho Clinical Diagnostics)
McDermott Will & Emery (Paris)
On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re Blood Reagents, case number 12-4067. Plaintiffs allege that (...)

The Chinese State Administration for Industry and Commerce publishes guidelines on application of the anti-monopoly law to intellectual property rights
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
After years of discussions, China’s State Administration for Industry and Commerce finally has released its guidelines on the application of the PRC Anti-Monopoly Law ("AML") to intellectual property rights ("Guidelines"). The Guidelines will come into force on August 1, 2015. The Guidelines (...)

The US Supreme Court hears arguments before the decision on whether post-expiration license royalty obligations are caught in the web of patent policies or antitrust analysis (Kimble / Marvel)
Constantine Cannon (Washington)
Supreme Court Seeks To Untangle Patent And Antitrust Principles Caught In Spider-Man’s Web* The Supreme Court heard oral argument today on whether litigation over a toy based on Spider-Man’s web should be used to vanquish a 50-year-old precedent precluding patent owners from collecting patent (...)

A U.S. District Court rejects an antitrust claim for lack of standing (Spinelli / NFL)
Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams* Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the (...)

The UK Competition and Markets Authority fines an association of estate and lettings agents, three of its members and a newspaper publisher for implementing an anticompetitive agreement following a settlement proceedings (Castles / Hamptons International / Waterfords)
United Kingdom’s Competition Authority - CMA (London)
Companies fined over £775,000 in CMA investigation into advertising of agents’ fees* An association of estate and lettings agents in Hampshire, three of its members and a newspaper publisher have admitted breaching competition law and have agreed to pay penalties totalling over £775,000. The (...)

The US DOJ and the New York State Office of the Attorney General settle with tour bus operators, requiring them to pay $7.5 million for implementing barriers to entry (Coach USA, City Sights, Twin America)
Weil, Gotshal & Manges (New York)
NYC Sightseeing Companies Settle with Federal and State Authorities* On March 17, 2015, two New York City-based tour bus operators agreed to settle allegations that they conspired to monopolize New York’s hop-on, hop-off sightseeing market between 2009 and 2015. Coach USA Inc. (“Coach”), City (...)

The US Court of Appeals for the Ninth Circuit stresses the importance for Sherman Act litigants to support their claims of antitrust injury-in-fact with market facts (Netflix)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
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 (...)

The US FTC settles restrictive practices charges with trade associations after they agreed to implement changes and compliance programs (PSA / PLASMA)
Weil, Gotshal & Manges (Washington)
In Settlement with FTC, Trade Associations Agree to Change Rules and Adopt Antitrust Compliance Programs* On March 3, 2015, the Federal Trade Commission (“FTC”) announced two separate final orders with trade associations, Professional Skaters Association, Inc. (“PSA”) and Professional Lighting and (...)

The Ontario Superior Court of Justice holds that information received by the Competition Authority at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (Nestlé Canada)
TSMC (San Francisco)
Proffers to Competition Bureau must be disclosed to accused, court says* Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of (...)

The US DoJ allows a standards association’s new patent policy for wi-fi standards, finding it potentially pro-competitive (IEEE)
Constantine Cannon (Washington)
Feds Green-Light Institute’s New Patent Policy For Wi-Fi Standards, Finding It Potentially Procompetitive* The Antitrust Division of the U.S. Department of Justice announced on Monday that it would not challenge recent revisions to the Patent Policy of the Institute of Electrical and (...)

The US District Court for the Eastern District of Pennsylvania holds that Actavis does not require plaintiffs to meet any sort of “threshold burden” in establishing a large reverse payment as unjustified in triggering analysis under antitrust rules of reason (Cephalon)
Labaton Sucharow (New York)
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Arnold & Porter Kaye Scholer (Washington)
In re Modafinil Litigation Finds No “Threshold Burden” in Reverse Payment Suit* On Wednesday, January 28, in King Drug Company of Florence, Inc. v. Cephalon, Inc. (In re Modafinil), the US District Court for the Eastern District of Pennsylvania held that FTC v. Actavis, 133 S. Ct. 2223 (2013), (...)

The US District Court for the Eastern District of Pennsylvania sends second reverse-payment case to trial (Cephalon)
Rutgers University (New Jersey)
On January 28, 2015, Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania denied defendants’ summary judgment motions, sending the second reverse-payment-settlement case to trial. In King Drug Company of Florence v. Cephalon, 2015 WL 356913 (E.D. Pa. Jan. (...)

The US Supreme Court redefines the standard of appellate review for claim construction (Teva)
White & Case (Palo Alto)
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White & Case (Palo Alto)
On January 20, 2015, the United States Supreme Court redefined the standard of appellate review for claim construction. In Teva Pharm. USA, Inc. v. Sandoz, Inc., the Supreme Court vacated well-established Federal Circuit precedent that applied de novo review to all aspects of claim (...)

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the Draft Template), seeking public comments by January 30. The Draft Template (...)

The French Competition Authority imposes heavy fines on several manufacturers of home and personal care products for having implemented concerted practices (Colgate-Palmolive / Henkel / Reckitt Benckiser)
French Competition Authority (Paris)
The Autorité de la concurrence fines concerted practices between manufacturers a total of 345,2 € millions and 605,9 € millions on each market concerned* The Autorité de la concurrence issues today a decision whereby it fines home care and personal care manufacturers for having implemented (...)

The US Court of Appeals for the Federal Circuit decides on the reasonableness of licensing royalty for standard-essential patents (Ericsson / D-Link)
Constantine Cannon (Washington)
Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents* The ongoing battle over what constitutes a “reasonable” licensing royalty for standard-essential patents has now been joined by the U.S. Court of Appeals for (...)

The Austrian Cartel Court upholds request by the Competition Authority and fines a dairy producer for resale price maintenance (NÖM)
European Commission (Brussels)
Settlement with Dairy Producer* On 26 November 2014, the Cartel Court (29 Kt 60/14) imposed a fine of € 583.200 on NÖM AG, a major Austrian dairy producer for anticompetitive behaviour related to RPM with food retailers regarding certain dairy products between 2007 and 2012. The decision was (...)

The US District Court for the Southern District of New York approves a settlement which comprises three different scenarios in a cartel case in the e-books sector (Apple e-books)
DLA Piper Weiss-Tessbach (Vienna)
Apple e-books settlement gets final court approval* On 21 November 2014 US District Judge Denise Cote gave her final approval to a settlement of the Apple e-book class action. The class action against Apple arose from allegations that Apple and five publishers conspired on the publishing (...)

The Advocate General Wathelet renders his opinion and provides a fresh perspective on FRAND licenses (Huawei / ZTE)
DLA Piper (Brussels)
The long-awaited Opinion delivered by Advocate General Wathelet on 20 November 2014 in the dispute opposing Huawei and ZTE (Case C-170/13) sheds a new and bright light on the legal landscape for injunctions in SEP-FRAND licensing contexts, provided the Court of Justice follows the Advocate (...)

The French Competition Authority imposes fines on three removal companies for having presented cover quotes in order to distort competition in the military personnel relocation removals market (AGS Martinique / Martinique Déménagements / SMDTE)
French Competition Authority (Paris)
The Autorité de la concurrence fines three removal companies for having colluded in presenting cover quotes* The Autorité de la concurrence has issued a decision in which it fines three removal companies for having presented cover quotes in order to distort competition in the military personnel (...)

The French competition authority allows a subsidiary to opt for a national settlement procedure even though its parent company challenges the charges of a cartel (Mobilitas)
Frieh Associés (Paris)
In a decision issued on November 18th, 2014 , the French competition authority (hereafter the "FCA") fined three removal companies for having colluded in presenting cover quotes in the military personnel removal sector in Martinique. National regulatory provisions set a competitive process for (...)

The Canadian Competition Commissioner settles for $5 millions with a water heater company implementing anti-competitive return policies (Reliance)
TSMC (San Francisco)
Reliance scalded by $5 million penalty* Hot water heater rental supplier Reliance Comfort Limited Partnership has agreed to pay a $5 million fine and to change policies that made it difficult for customers to switch to a competitor, in a settlement reached with the Commissioner of Competition (...)

The US FTC settles charges of indirect price fixing (Blue Rhino / AmeriGas)
Weil, Gotshal & Manges (New York)
Blue Rhino and AmeriGas Agree to Settle FTC Claims of Propane Tank Price-Fixing* On October 31, 2014, the Federal Trade Commission (“FTC” ) agreed to a settlement with Blue Rhino and AmeriGas Cylinder Exchange, the two leading suppliers of propane exchange tanks, regarding FTC charges that the (...)

The UK Competition Appeal Tribunal quashes an OFT decision to accept commitments for failing to inform itself about the possible impact on price transparency of an obvious and clear restriction on disclosure of price information in the online booking sector (Skyscanner)
Ashurst (Milan)
UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

The US DoJ secures a second plea deal with a member of the international shipping cartel for roll-on, roll-off cargo (Kawasaki Kisen Kaisha)
McDermott Will & Emery (Washington)
On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on, roll-off” cargo. K-Line will be fined $67.7 million. Roll-on, roll-off (...)

The U.S. District Court for the District of New Jersey notes that even if a Court accepts the premise of a reverse non-monetary payment after Actavis, plaintiffs may allege facts to allow an estimate of the monetary value of that settlement or risk facing dismissal (Lipitor)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
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. Actavis, (...)

The EU Court of Justice invites to rethink the approach to pay for delay settlements in its recent case law (Groupement des Cartes Bancaires)
University of East Anglia (Norwich)
European Pharmaceutical Antitrust after Groupment des Cartes Bancaires – Time to Rethink the Approach to Pay For Delay Settlements?* Over the last year the European Commission has stepped up its enforcement efforts against pay for delay settlements. In June 2013 they imposed a fine for the (...)

The EU Court of Justice provides further clarity on when an agreement has the object of restricting competition (Groupement des Cartes Bancaires)
St John’s Chambers (Bristol)
Restrictions by object: duck and elephant hunting with the Court of Justice* Inductive reasoning is sometimes explained by using either the ‘duck test’ (“if it looks like a duck, swims like a duck and quacks like a duck, then it probably is a duck”) or the ‘elephant test’ (“it is difficult to (...)

The U.S. 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. FTC files a complaint against five pharmaceutical companies for pay-for-delay settlements (AbbVie)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On September 8, 2014, the Federal Trade Commission (FTC) filed a federal antitrust complaint in the United States District Court for the Eastern District of Pennsylvania against defendants AbbVie, Abbott Laboratories, Unimed Pharmaceuticals, Besins Healthcare and Teva Pharmaceuticals alleging (...)

The US District Court for the District of Rhode Island issues concerning ruling on drug patent settlements (Loestrin)
Rutgers University (New Jersey)
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 Belgian Competition Authority adopts new guidelines on the calculation of fines
Belgian Competition Authority (Brussels)
The Board of the Belgian Competition Authority adopts new guidelines on the calculation of fines* The Board of the Belgian Competition Authority has on 26 August 2014 decided to revoke the Communication of the Belgian Competition Council on the calculation of fines of 19 December 2011 and to (...)

The Competition Commission of India fines 14 automobile manufacturers for implementing anticompetitive and unilateral practices on the automobile spare parts and repair market (Shamsher Kataria / Honda Siel)
Jindal Global University (Sonipat)
In the month of August, China fined 12 Japanese auto parts makers a total of over US$200 million for price fixing, the maximum amount imposed for violating the anti-monopoly law thus far. The National Development and Reform Commission (NDRC) stated that the companies were found to have (...)

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 (...)

The US District Court for the Northern District of California rejects the $324.5 million settlement in the class action following the DOJ civil lawsuit for a per se violation (High-tech wage collusion)
GeyerGorey (Washington)
The Unusual Hi-Tech Hiring Collusion Case: Judge Rejects Proposed Settlement; DOJ Brought Civil “Per Se” Cases* Last Friday Judge Lucy H. Koh issued an unusual ruling in a somewhat unusual case. The ruling was unusual in that the court rejected a proposed settlement in the hi-tech wage (...)

The US District Court for the Northern District of California holds that NCAA restrictions on college players exploiting and receiving licensing revenue from the use of their names, images and likenesses violate 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. (...)

The US District Court for the Northern District of California finds that an athletics association’s rules restricting payments to student-athletes violate antitrust laws (O’Bannon / NCAA)
Rutgers University (New Jersey)
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 US FTC settles charges of invitation to collude of two UPC resellers (InstantUPCCOdes.com, 680 Digital, Nationwide Barcode)
Sheppard Mullin (New York)
Two UPC Resellers Settle FTC Invitation to Collude Investigation* On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com (“Instant”) and Nationwide Barcode (“Nationwide”), two of the leading barcode resellers, and their principals, (...)

The US FTC settles charges of two Internet resellers of UPC barcodes used by retailers for violation of the FTC Act by inviting competitors to collude to raise prices for barcodes sold over the Internet (680 Digital)
Steve Szentesi Law Corporation (Vancouver)
Scanner Emergency in Aisle Five: US FTC Settles Bar Code Seller Invitation to Collude Case* In an interesting case that caught my eye yesterday and today, the U.S. Federal Trade Commission (FTC) has proposed a settlement in a case involving allegations that an online bar code re-seller engaged (...)

The EU Court of Justice answers a request for a preliminary ruling about use of 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 for pay-for-delay settlements impeding price competition on the market for blood pressure medicines (Servier)
University of East Anglia (Norwich)
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 generic companies in relation to so-called ‘pay for delay’ (...)

The European Commission imposes €32 million fines in the canned mushrooms cartel (Lutèce, Prochamp and Bonduelle)
Ramón y Cajal (Madrid)
The infringement The European Commission ("Commission") sanctions three producers of canned mushrooms, Lutèce, Prochamp and Bonduelle, for participating in a cartel and imposes fines amounting to €32.2 million. The cartelists exchanged confidential information on tenders, set minimum prices, (...)

The US District Court for the Eastern District of Pennsylvania dismisses allegations of hub-and-spoke conspiracy against 5 pharmaceutical companies in the market for narcolepsy drugs (Apotex / Cephalon)
McDermott Will & Emery (Washington)
On Monday, June 23, 2014, a Federal Judge in the Eastern District of Pennsylvania granted summary judgment for five pharmaceutical companies on horizontal conspiracy claims brought by Apotex Inc. and direct purchaser and end payor plaintiffs regarding the popular narcolepsy drug Provigil. (...)

A US District Court reaffirms that under the Capper-Volstead Act farmers may cooperate to collectively market their products, though the output limitation obtained by concerted action remains precluded by the Sherman Act (Cal-Maine Foods)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (San Francisco)
Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to Bottom of Chicken Coop* In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they (...)

The South African Competition Tribunal asks for a submission on reasons for approving the cartel settlement and expresses doubts as regards the low level of fining (Premier Fishing)
Nortons (Sandton)
Appellate competition body questions authority’s lenient fine* Tribunal expresses doubts as to lenient fining level of Premier Fishing The chairman of the South African Competition Tribunal, Takalani Madima, has asked the South African Competition Commission and Premier Fishing for ‘detailed (...)

The Irish High Court receives an agreement containing undertakings of a medical association not to engage in anticompetitive behaviour (IMO)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Irish High Court files a settlement accepted by a medical association not to engage in boycotts or collective withdrawal of services (IMO)
Irish Competition Authority (Dublin)
Competition Authority secures High Court undertakings from the Irish Medical Organisation* The Irish Medical Organisation (IMO) has today provided undertakings to the High Court (i) not to organise or recommend the collective withdrawal of services or boycotts by its members and (ii) to advise (...)

The Australian Competition Authority announces the commencement of proceedings in the Federal Court concerning an attempt to build a cartel affecting the availability of eggs on the retail market (AECL)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

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 (Canberra)
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 Australian Federal Court orders by consent payment of penalties for involvement in cartel conduct in relation to the price of bearings (Nachi / Koyo)
Australian Competition and Consumer Commission (Canberra)
$3 million penalty for bearings cartel conduct* The Federal Court has today ordered by consent that NSK Australia Pty Ltd (NSK Australia) pay total penalties of $3 million for its involvement in cartel conduct in relation to the price of bearings in Australia, in proceedings brought by the (...)

The US Federal Trade Commission apprises that it continues to maintain an active antitrust enforcement focus on trade association activity
Sheppard Mullin (New York)
FTC Targeting Trade Associations?* On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust enforcement focus on trade association (...)

The Canadian Competition Tribunal suspends a settlement entered into the Competition Bureau with e-book publishers related to a price MFN clause (Kobo)
Cassels Brock (Toronto)
The Ebooks Saga: Kobo’s challenge explained* Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in (...)

The U.S. 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 US FTC appeals the US District Court for the District of New Jersey decision that a “no authorized generic” agreement cannot be an antitrust violation (King Drug Company / SmithKlineBeecham)
McDermott Will & Emery (Paris)
On May 2, 2014, the Federal Trade Commission (FTC) filed an amicus brief with the U.S. Court of Appeals for the Third Circuit requesting that the court reverse the district court’s decision in Lamictal Direct Purchaser Antitrust Litigation, finding that a “no authorized generic” agreement between (...)

The Lithuanian Competition Authority reopens an investigation into agreements within the cash handling market (G4S / DNB / SEB / Swedbank)
Lithuanian Competition Authority (Vilnius)
Competition Council reopens investigation into agreements within cash handling market* On April 22, the Competition Council (the KT) reopened the investigation into agreements within cash handling market. It was suspected that the mentioned agreements had failed to comply with the requirements (...)

The Australian Competition Authority receives a court enforceable undertaking from a kitchenware company concerning discontinuation of resale price maintenance and a compliance program (KitchenAid)
Australian Competition and Consumer Commission (Canberra)
KitchenAid distributor undertakes not to induce retailers on minimum prices* Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it (...)

The U.S. FTC orders two professional associations to amend their codes of ethics in order to eliminate the anticompetitive restrictions imposed by each of them on their members (CALSPro / MTNA)
Steve Szentesi Law Corporation (Vancouver)
U.S. FTC Finalizes Settlements in Association Code of Ethics Cases* As an update to two association cases that I blogged about last December (see: here), this past Friday the U.S. Federal Trade Commission (FTC) announced that it had approved settlements with two professional associations for (...)

A US District Court grants class certification and gives its preliminary approval for a partial class action settlement of a lawsuit on the allegation of conspiracy to hold down salaries in Silicon Valley (High-Tech employees)
Bona Law (San Diego)
The Antitrust Laws Encourage Stealing* That’s right, the antitrust laws care so much about competition that they even prohibit agreements among competitors to not steal. In a society that morally condemns stealing, this is counter-intuitive (and a good reason to learn a little bit about (...)

The EU Commission issues new rules for assessing technology licensing agreements under Article 101 TFEU
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
European Union Adopts New Rules for Technology Licensing Agreements* The European Union has a new regime for assessing technology licensing agreements under EU competition law. The new rules include a new technology transfer block exemption regulation (“TTBER”), which exempts certain bilateral (...)

The EU Commission announces the adoption of a revised technology transfer block exemption regulation and new accompanying guidelines
Norton Rose Fulbright (London)
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Norton Rose Fulbright (London)
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Norton Rose Fulbright (London)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction The European Commission has recently announced its adoption of a revised Technology Transfer Block Exemption Regulation and new accompanying (...)

The EU Commission adopts revised competition regime for technology transfer agreements
European Commission (Brussels)
European Commission adopts revised Competition Regime for Technology Transfer Agreements* The European Commission (Commission) adopted in March 2014 new competition rules for assessing technology transfer agreements, through which a licensor permits a licensee to exploit patents, know- how (...)

The District Court of Minnesota dismisses a putative antitrust class action saying the plaintiff’s allegations were barred by the statute of limitation (Graco)
McDermott Will & Emery (Paris)
ANTITRUST CLASS ACTION AGAINST GRACO INC. DISMISSED * On March 11, 2014, Judge Ann Montgomery of the District of Minnesota dismissed a putative antitrust class action against Graco Inc. and its distributors that accused Graco of buying two of its closest competitors in the spray foam equipment (...)

The Danish Public Prosecutor for Serious Economic and International Crime enters into settlements with owners of driving schools in a cartel case (Driving schools)
Danish Competition and Consumer Authority (Copenhagen)
On 28 February 2014, the Danish Competition and Consumer Authority (“DCCA”) announced in a press release that the owners of five driving schools had entered into a settlement with the Public Prosecutor for Serious Economic and International Crime (“PSEIC”) for infringing section 6 of the Danish (...)

The Italian Competition Authority finds that two companies entered in an anti-competitive agreement in the ophthalmic drugs market (Roche / Novartis)
Ashurst (Milan)
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 Danish Competition Authority accepts new commitments in relation to a joint sales agreement between football clubs in the top Danish league (Superliga)
Danish Competition and Consumer Authority (Copenhagen)
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TDC Group (Copenhague)
On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), but (...)

The UK Competition Authority accepts commitments from online travel agents enabling them and hotels to offer discounts on rates for hotel rooms (Booking.com)
Ashurst (Milan)
UK Office of Fair Trading closes investigation into hotel online booking practices On 31 January 2014, the UK Office of Fair Trading (“OFT”) accepted the commitments from online travel agents, Booking.com B.V. (“Booking.com”, and its ultimate parent company priceline.com Incorporated) and Expedia (...)

A US Court issues formalistic ruling on reverse-payment settlements after ’Actavis’ (GSK / Teva)
Rutgers University (New Jersey)
On January 24, 2014, Judge William Walls of the U.S. District Court for the District of New Jersey issued one of the first rulings interpreting the Supreme Court’s landmark decision in FTC v. Actavis, 133 S. Ct. 2223 (2013). The Court in Actavis made clear that settlements by which brand-name (...)

The EU Commission initiates a formal investigation into potentially anti-competitive restrictions in pay-TV licensing arrangements
Blackstone Chambers (London)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The New Zealand Commission releases data on interchange and credit card settlements
New Zealand Commerce Commission
Commerce Commission releases data on interchange and credit card settlements* The Commission today released its ‘Evaluation of the 2009 interchange and credit card settlements’. This paper outlines the agreement the Commission reached with banks and financial institutions in relation to the (...)

The Danish Competition Authority accepts commitments concerning information exchange that might facilitate anticompetitive practices in the construction sector (Danish Construction Association)
Danish Competition and Consumer Authority (Copenhagen)
Competition Council accepts commitments from The Danish Construction Association regarding exchange of information agreement* On 18 December 2013 the Danish Competition Council (DCC) accepted commitments from the Danish Construction Association regarding concerns that an exchange of (...)

The US District Court for the Eastern District of New York approves the proposed class action settlement of the antitrust suit over swipe fees (Visa / MasterCard)
Manatt, Phelps & Phillips LLP (Los Angeles)
Swipe Fee Settlement Yields More Litigation* Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far from over. The protracted legal battle centers on allegations by (...)

The EU Commission imposes fines of €16 million on pharmaceutical companies for delaying market entry of generic pain-killer (Johnson & Johnson / Novartis)
European Commission (Brussels)
European Commission imposes Fines of € 16 000 000 on Johnson & Johnson and Novartis for delaying Market Entry of generic Pain-Killer Fentanyl* On 10 December 2013, the European Commission imposed fines of € 10 798 000 on the US pharmaceutical company Johnson & Johnson (J&J) and € 5 (...)

The EU Commission publishes its fourth report on the monitoring of patent settlements in Europe
White & Case (Brussels)
,
White & Case (Brussels)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Executive Summary On 9 December 2013, DG Comp published its fourth report on the monitoring in Europe of patent settlements. Like its predecessors, the report (...)

The Canadian Competition Bureau announces new regulatory intervention efforts into the regulation of pharmacists in Alberta
Steve Szentesi Law Corporation (Vancouver)
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 (...)

The US DoJ reaches plea agreement with Japanese auto parts maker for its role in alleged price-fixing and bid-rigging in the automotive parts industry (Takata)
McDermott Will & Emery (New York)
On October 10, 2013, Takata Corp. (Takata), a Japanese auto parts maker, agreed to pay a $71.3 million as part of a plea agreement for its role in an alleged conspiracy to fix prices on seat belts sold to car manufacturers. In addition, Takata agreed that the Chairman-CEO, Shigehisa Takada, (...)

The U.S. District Court for the Northern District of California 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 / 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 (London)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

Pay-for-Delay Settlements in the United States: An overview of leading cases
Fox Networks Group (Washington)
Introduction Whether or not antitrust law applies to patent litigation settlements in the pharmaceutical industry has been a hotly contested issue in the U.S. for well over a decade now. The Federal Trade Commission as well as many private litigants have challenged several such agreements as (...)

The Danish Competition and Consumer Authority enters into a settlement with a clothing company in a resale price maintenance case (Vila)
Danish Competition and Consumer Authority (Copenhagen)
On 31 October 2013, the clothing company Vila A/S (“Vila”) and two persons from the management entered into a settlement with the Danish Competition and Consumer Authority (“DCCA”) for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some of its dealers. (...)

The Danish Competition and Consumer Authority settles fines with a fashion brand company for resale price maintenance (Vila)
Danish Competition and Consumer Authority (Copenhagen)
Vila pays fine in settlement for resale price maintenance* On October 30, 2013, Vila entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance to some of the company’s dealers. (...)

The Australian Federal Court imposes fines of $2 million on the participants in a bearings cartel (Koyo)
Australian Competition and Consumer Commission (Canberra)
$2 million penalty for bearings cartel* The Federal Court has made orders by consent against Koyo Australia Pty Ltd ordering it to pay penalties of $2 million following action by the Australian Competition and Consumer Commission. The Court found that in 2008 and 2009, Koyo Australia made and (...)

The German Competition Authority concludes cartel proceedings against manufacturers of household porcelain by imposing fines (Porzellanfabrik Christian Seltmann / KAHLA-Thüringen Porzellan)
German Competition Authority (Bonn)
Bundeskartellamt concludes cartel proceedings against manufacturers of household porcelain* Bonn, 17 October 2013: The Bundeskartellamt has today imposed fines totaling just under 900,000 euros on the companies Porzellanfabrik Christian Seltmann GmbH and KAHLA/Thüringen Porzellan GmbH, the (...)

The Austrian Cartel Court imposes fines for resale price maintenance between producers and supermarkets (Emmi, Ried)
European Commission (Brussels)
Austria : Cartel Court imposes Fines for Resale Price Maintenance* The Cartel Court (the Court) adopted two decisions imposing fines for breach of Article 101 TFEU and of § 1 of the Austrian Cartel Act 2005 by Resale Price Maintenance (RPM) between producers and supermarkets. In the first (...)

The Danish City Court of Naestved passes sentence upon the owner of a school for fixing prices on driving lessons (Birgits Driving School)
Danish Competition and Consumer Authority (Copenhagen)
Price fixing between 3 Danish driving schools* On September 11, 2013, the Danish City Court in Næstved passed sentence upon the owner of a driving school for infringing section 6 of the Danish Competition Act by fixing prices on driving lessons in corporation with the owners of two other (...)

The US FTC submits a brief amicus curiae in a pay-for-delay case in which it supports the absence of a cash payment is not determinative in the pharmaceutical sector (In Re Effexor XR)
McDermott Will & Emery (Washington)
The Federal Trade Commission’s (FTC) battle against “reverse-payment” settlements continues. In an amicus brief recently submitted in the case of In re Effexor XR Antitrust Litigation, the FTC advanced a broad interpretation of the Supreme Court’s decision in FTC v. Actavis that looks beyond the (...)

The US District Court for the Northern District of California rejects the defendants’ motion 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 German Competition Authority imposes fines on account of vertical price fixing practices on the market for the distribution of natural cosmetics (Dr. Hauschka)
German Competition Authority (Bonn)
Fine imposed on WALA Heilmittel GmbH for vertical price fixing practices involving Dr Hauschka cosmetics products* Bonn, 31 July 2013: Today the Bundeskartellamt has imposed fines amounting to a total of approx. € 6.5 million on WALA Heilmittel GmbH, Bad Boll, and representatives of the (...)

The Danish Public Prosecutor for Serious and International Crime cracks down on resale price maintenance (Miele)
Copenhagen Business School
On 18 July 2013, in the latest of a series of settlements regarding Resale Price Maintenance, Miele A/S, a Danish subsidiary of the German manufacturer of, agreed to a fine of DKK 1.2 million (about EUR 162,000). 1. The Miele case Miele A/S is the Danish subsidiary of the German family-owned (...)

The Danish Competition Authority settles with a cartel participant, a major player in the market for white goods (Miele)
Danish Competition and Consumer Authority (Copenhagen)
Miele A/S, Denmark, pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On July 18, 2013, Miele A/S, Denmark, entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of (...)

The Australian Competition Authority takes action against a supplier of ball and roller bearings for alleged cartel conduct (Koyo)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Koyo for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted civil proceedings in the Federal Court against Koyo Australia Pty Ltd (Koyo) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

The German Competiton Authority imposes fines for rail cartel infringement (Moravia Steel)
German Competition Authority (Bonn)
€ 10 million fine imposed on Moravia Steel in rail cartel case* Today the Bundeskartellamt imposed a fine of € 10 million on Moravia Steel Deutschland GmbH. The authority has thus concluded its investigation proceedings against manufacturers and suppliers of rails on account of anticompetitive (...)

The EU Commission fines € 141.8 M four producers of wire harnesses for rigging a series of tenders in breach of Article 101 TFEU (Automotive component suppliers’ cartel)
Van Bael & Bellis (Brussels)
On 10 July 2013, the European Commission announced that it had adopted a decision fining four producers of wire harnesses a total of € 141.8 million for rigging a series of tenders in breach of Article 101 TFEU. In its decision, the Commission found that five companies – Sumitomo, Yazaki, (...)

The Spanish Competition Authority imposes fines on three entities for setting up a traceability system that have led to sales restrictions (Nadorcott Protection / Carpa Dorada / Club de Variedades Vegetales Protegidas)
Van Bael & Bellis (Brussels)
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 Danish Competition and Consumer Authority enters into a settlement with distributor of leisure weapons in a resale price maintenance case (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
On 30 June 2013, the owner of the Danish distributor of leisure weapons, HG Agencies entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on one of its dealers. Under the (...)

The Danish Competition Authority cartel settles with a domestic distributor of leisure weapons (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Distributor of leisure weapons pays fine in settlement for resale price maintenance* On June 30, 2013, the owner of the company HG Agencies (a Danish distributor of leisure weapons) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the (...)

The Competition Commission of South Africa reaches settlement with 15 construction firms in respect of collusive tendering and related collective penalties (Aveng)
Primerio (Washington)
Soccer fields, SRAM, and Sotheby’s? Fast-track settlements in ZA construction probe yield €113m* What do soccer stadiums, LCD panels, and lysine** have in common? Price-fixing might be one answer. Record antitrust fines might be another, closely related, response. The South African (...)

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 EU Commission imposes fines totaling €145 million on Danish pharmaceutical group over “pay-for-delay” agreements (Lundbeck)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
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 (Lundbeck)
Ashurst (Milan)
,
RSM US (New York)
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 US Supreme Court opens reverse payment patent settlement agreements to antitrust challenge (Actavis)
Wolters Kluwer (Riverwoods)
A “reverse payment” settlement agreement is not entitled to “near-automatic antitrust immunity” simply because its anticompetitive effects fall within the scope of the exclusionary potential of the patent, the U.S. Supreme Court ruled earlier this week in a five-to-three decision. Although such (...)

The US Supreme Court holds that “reverse payment” patent settlements between brand-name drug manufacturers and would-be generic competitors should be reviewed under the antitrust rule of reason (Actavis)
Arnold & Porter Kaye Scholer (Brussels)
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Latham & Watkins (San Francisco)
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Arnold & Porter Kaye Scholer (Washington)
On Monday, June 17, the Supreme Court handed down a decision in FTC v. Actavis, Inc., bringing some clarity to the antitrust treatment of so-called reverse payment patent settlements between brand-name drug manufacturers and would-be generic competitors, but leaving many open questions as (...)

The US Supreme Court holds that reverse-payment patent settlements should be reviewed under the antitrust rule of reason (Actavis)
Gibson Dunn (Washington)
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,
Steptoe & Johnson (Washington)
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 (New Jersey)
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 US Supreme Court rules that reverse patent settlements may violate antitrust law (Actavis)
Womble Bond Dickinson (Washington)
FTC v. Actavis, Inc.: Supreme Court Rules That Reverse Patent Settlements May Violate Antitrust Laws* On June 17, 2013, in FTC v. Actavis, Inc., the Supreme Court ruled that "reverse patent settlements" may violate the Sherman Act even though the anticompetitive effects of the settlement fall (...)

The US Supreme Court rules that a payment by a patentee to a generic manufacturer may constitute an infringement of antitrust law (Actavis)
Orrick, Herrington & Sutcliffe (San Francisco)
Why FTC v. Actavis Won’t Shift the Border Between IP and Antitrust Law* The Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc., No. 12-416, U.S (2013), has generated a lot of commentary recently. Some articles have suggested that the decision may expose certain (...)

The US Supreme Court rules that the “pay for delay” settlements in the pharmaceutical sector are to be analyzed under the rule of reason (Actavis)
DG CNECT (Brussels)
Facts In 1999, Solvay Pharmaceuticals filed a New Drug Application (NDA) for a topical testosterone hormone drug, called Androgel. In 2003, Solvay obtained patent protection for it. Subsequently, the generic companies Actavis (before Watson Pharmaceuticals) and Paddock Laboratories filed an (...)

The US Supreme Court holds that patent protection does not confer immunity from antitrust attack (Actavis)
Ashurst (Milan)
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RSM US (New York)
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 establishes a rule that blurs the lines between antitrust and patent law (Actavis)
Sheppard Mullin (Chicago)
,
Reed Smith (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 Austrian Cartel Court imposes fine against major retailer and several suppliers for anticompetitive vertical agreements in food retail sector (REWE)
European Commission (Brussels)
Austria: The Cartel Court imposes Fine in Food Retail Case* On 13 May 2013, the Cartel Court (the Court) imposed a € 20 800 000 fine on the REWE Group (REWE) for vertical agreements between REWE and a number of suppliers (Court reference number 25 Kt 29/13). The Court held that REWE agreed (...)

The Danish Competition and Consumer Authority enters into a settlement with an international consumer goods manufacturer in a resale price maintenance case concerning ice cream (Unilever Denmark)
Danish Competition and Consumer Authority (Copenhagen)
On 30 April 2013, Unilever Danmark A/S (Danish subsidiary of the international consumer goods manufacturer, Unilever) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some (...)

The Danish Public Prosecutor for Serious Economic and International Crime enters into a settlement with a white goods manufacturer in a resale price maintenance case (BSH)
Danish Competition and Consumer Authority (Copenhagen)
On 24 April 2013, BSH Hvidevarer A/S (Danish subsidiary of the international home appliances manufacturer, BSH) entered into a settlement with the Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish Competition Act by imposing resale price (...)

The UK OFT issues statement of objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of a medicine (GSK / GUK / Alpharma / IVAX)
European Commission (Brussels)
United Kingdom: The OFT issues Statement of Objections in Case involving Pharmaceutical Companies* On 19 April 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of (...)

The EU Commission launches a market test of the commitments offered by an e-book publisher to reach a settlement in the EU investigation into e-book pricing (Penguin)
Van Bael & Bellis (Brussels)
On 19 April 2013, the European Commission launched a market test of the commitments offered by Penguin, aimed at reaching a settlement in the EU investigation into e-book pricing. In order to alleviate the Commission’s fears for collusion and higher prices in the e-book publishing sector, (...)

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 (London)
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 (...)

The UK Office of Fair Trading issues a statement of objections to four pharma manufacturers for anticompetitive agreements over the supply of paroxetine (GSK / GUK / Alpharma / IVAX)
Ashurst (Milan)
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 EU General Court partially annuls a Commission decision on anti-competitive conduct among copyright collecting societies (CISAC)
Van Bael & Bellis (Brussels)
On 12 April 2013, the EU General Court (GC) handed down its judgments in the appeals brought by the International Confederation of Societies of Authors and Composers (CISAC) and 21 of its member collecting society associations against an earlier decision of the European Commission finding (...)

The US FTC settles illegal information exchange allegations with hair restoration company (Bosley)
Kirkland & Ellis (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Clifford Chance (Washington D.C.)
On April 8, 2013, the Federal Trade Commission (FTC) announced a proposed settlement with hair restoration company Bosley, Inc. to resolve allegations that Bosley illegally exchanged competitively sensitive, nonpublic business information with competitor HC (USA), Inc., commonly known as Hair (...)

The Competition Commission of Singapore publishes its market study on the competition assessment on the industrial property market
BHP Billiton (Singapore)
On 2 April 2013, the Competition Commission of Singapore (the “CCS”) published a market study entitled “Competition Assessment on the Industrial Property Market in Singapore” (the “Market Study”). The Market Study contains the CCS’ competition assessment of the industrial property market in Singapore (...)

The Austrian Cartel Court imposes fine for resale price maintenance in consumer electronics products case (Philips Austria)
European Commission (Brussels)
Austria: The Cartel Court imposes Fine in Consumer Electronics Products Case* On 26 March 2013, the Cartel Court imposed a € 2 900 000 fine on Philips Austria GmbH (Philips Austria) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 Kt (...)

The US Court of Appeals for 9th Circuit finds an operator of several BitTorrent websites liable for contributory copyright infringement on an inducement theory (Columbia Pictures/Gary Fung)
Sideman & Bancroft (San Francisco)
U.S. Appeals Court for the 9th Circuit finds BitTorrent operator liable for contributory infringement on an inducement theory (Columbia Picture v. Fung)* On 21 March 2013, the U.S. 9th Circuit affirmed in part and vacated in part the California Central District Court decision that Gary Fung, (...)

The U.S. FTC files amicus curiae brief supporting generics’ claim in patent dispute (Actelion Pharms / Apotex)
DLA Piper Weiss-Tessbach (Vienna)
U.S. FTC files amicus curiae brief supporting generics’ claim in patent dispute* On 11 March 2013 the U.S. Federal Trade Commission (“FTC”) filed an amicus curiae brief in the case Actelion Pharms Ltd. V. Apotex Inc. which is being heard in the U.S. District Court for New Jersey supporting the (...)

The 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 (Norwich)
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 documents provide legal rules and guidelines in relation to (...)

The US Court of Appeals for the 9th Circuit widens pool of plaintiffs able to pursue conspiracy claims under the California Cartwright Act (AT&T Mobility / AU Optronics)
Wolters Kluwer (Riverwoods)
Ninth Circuit Widens Pool of Plaintiffs Able to Pursue Conspiracy Claims Under California Cartwright Act* The Ninth Circuit on Thursday ruled that a plaintiff need not make a purchase in California to recover overcharges for price-fixed goods under the California Cartwright Act. AT&T (...)

The Italian Competition Authority launches an investigation against pharmaceutical companies suspected of restricting drug sales (Roche / Novartis)
Studio Legale Scoccini E Associati (Rome)
On February 6, 2013, the Italian Competition Authority ("ICA") launched a cartel investigation against Hoffmann-La Roche ("Roche"), Novartis, their respective Italian subsidiaries, and Genentec, a US company controlled by Roche and in which Novartis holds a 33% shareholding. The companies (...)

The Italian Competition Authority opens investigation against pharmaceutical companies over suspected cartel activity in the ophthalmologic medicines market (Roche / Novartis)
Van Bael & Bellis (Brussels)
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)
Ashurst (Milan)
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 (...)

The EU Commission sends statements of objections to two pharmaceutical companies over possible delayed entry of generic (Johnson & Johnson / Novartis)
Van Bael & Bellis (Brussels)
On 31 January 2013, the European Commission announced that it had sent a Statement of Objections (“SO”) to pharmaceutical companies Johnson & Johnson (“J&J”) and Novartis over suspicions that an agreement between their Dutch subsidiaries in relation to Fentanyl (a strong pain killer (...)

The U.S. District Court for the Northern District of California 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 DC)
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Jones Day (Washington DC)
,
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 Danish Competition and Consumer Authority enters into a settlement with a design company in a resale maintenance price case (Georg Jensen)
Danish Competition and Consumer Authority (Copenhagen)
On 16 January 2013 the Danish design company Georg Jensen A/S (manufacturer of jewellery, watches and home accessories) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on its (...)

The Danish Competition and Consumer Authority settles with jewellery and watches designing company for an infringement of the prohibition on resale price maintenance (Georg Jensen)
Danish Competition and Consumer Authority (Copenhagen)
Georg Jensen pays fine in settlement for resale price maintenance* On January 16, 2013, Georg Jensen (a producer of lifestyle products) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price (...)

The US FTC imposes limits on enforcing FRAND licensing of standards-essential patents through the threat of seeking of injunctions (Google / Motorola)
International Center for Law & Economics (Portland)
,
International Center for Law & Economics (Portland)
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 German Competition Authority imposes fines for anticompetitive agreements on two private TV-broadcasting groups (Pro7Sat1 / RTL)
King’s College (London)
On 28 December 2012, the German Federal Cartel Office (FCO) has imposed a total fine of 55 million Euros against the two private TV-broadcasting groups Pro7Sat1 and RTL, as well as two individuals. The two undertakings allegedly entered into an anti-competitive agreement. The FCO found that in (...)

The German Competition Authority fines two major TV broadcasting groups and two individuals for entering into anticompetitive agreements when they introduced the encryption of their digital free TV programmes (Pro7Sat1 and RTL)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes Fines on Pro7Sat1 and RTL on account of Agreements on basic Encryption of TV Programmes and secures unencrypted SD TV* On 28 December 2012 the Bundeskartellamt (BKartA) imposed fines totalling approximately € 55 000 000 on the two major German TV (...)

The EU Commission renders legally binding commitments regarding competition concerns on markets for aluminium smelting equipment (Rio Tinto Alcan)
Ashurst (Milan)
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 Irish Competition Authority obtains legally binding commitments from a fitness product distributor to cease resale price maintenance (BBS)
Queen’s University Belfast
1. Legal Background Among the augmentations of Ireland’s competition regime made by recent amendments to the Competition Act 2002 is section 14B. This new section of the Competition Act provides that the Competition Authority, after an investigation of anticompetitive practices by an (...)

The US Supreme Court reviews the Eleventh Circuit’s decision regarding reverse payment patent settlements (AndroGel)
Gibson Dunn (New York)
Important U.S. Developments Relating to “Reverse Payment” Patent Settlements* There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit (...)

The U.S. 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 holds that “No-authorised generic” agreements are not considered as “Reverse Payments” (Lamictal litigation)
Gibson Dunn (New York)
Important U.S. Developments Relating to “Reverse Payment” Patent Settlements* There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit (...)

A US Court of Appeal for the Federal Circuit provides additional guidance regarding the limits on standing to bring a Walker Process antitrust claim against a patent owner (Ritz Camera & Image / SanDisk)
Gill Jennings & Every (London)
The Court of Appeal for the Federal Circuit recently provided additional guidance regarding the limits on standing to bring a Walker Process antitrust claim against a patent owner and arguably expanded the class of parties eligible to bring such a claim. Under the Supreme Court’s holding in (...)

The US District Court for the Eastern District of Pennsylvania finds anti-competitive conduct of major players in the international telecommunications market within the context of a standard-setting organization (TruePosition / Ericsson)
Davis Wright Tremaine (Washington DC)
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 (...)

The French Competition Authority calls for progressive lifting of restrictions on distribution of visible spare parts
European Commission (Brussels)
France: The Autorité de la Concurrence calls for progressive Lifting of Restrictions on Distribution of visible Spare Parts* Following the launch of its sector inquiry into the automotive aftermarkets in 2011 and an open and transparent public consultation on its provisional findings, the (...)

The Southern District of New York approves a US consent decree that resolves DoJ allegations against three publishers for participating in a conspiracy to fix prices for e-books (Hachette Book / HarperCollins / Simon & Schuster)
Wolters Kluwer (Riverwoods)
U.S. Consent Decree with Three Publishers over E-Book Pricing Approved* The federal district court in New York City yesterday approved a U.S. consent decree that resolves U.S. Department of Justice allegations against three publishers for participating in a conspiracy to fix prices for (...)

The German Competition Authority fines a confectionery manufacturer for anti-competitive exchange of information (Haribo)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes first Fine in Sweets Case* On 1 August 2012, the Bundeskartellamt (BKartA) has imposed fines totalling € 2 400 000 on the confectionery manufacturer Haribo GmbH & Co KG (Haribo) for having infringed Article 101 TFEU and the corresponding provision in (...)

The EU Commission sends statement of objections to pharmaceutical companies over “pay-for-delay” agreements (Lundbeck / Servier)
Van Bael & Bellis (Brussels)
On 25 July 2012, the European Commission announced that it had sent a formal Statement of Objections (“SO”) to Danish pharmaceutical company Lundbeck over its conclusion of so-called “pay-for-delay” agreements with four generic producers of citalopram, a antidepressant medicine. In its SO, (...)

The EU Commission sends statements of objections to more than a dozen companies in connection with investigations in the pharmaceutical sector (Perindopril)
Ashurst (Milan)
European Commission issues Statements of Objections against several pharmaceutical companies* On 25 and 30 July 2012, in relation to the Citalopram case and the Perindopril case respectively, the European Commission sent statements of objections (“SOs”) to more than a dozen companies in (...)

The EU Commission sends statements of objections to more than a dozen companies in connection with investigations in the pharmaceutical sector (Citalopram)
Ashurst (Milan)
European Commission issues Statements of Objections against several pharmaceutical companies* On 25 and 30 July 2012, in relation to the Citalopram case and the Perindopril case respectively, the European Commission sent statements of objections (“SOs”) to more than a dozen companies in (...)

The US Third Circuit adopts the rule of reason analysis in evaluating the legality of reverse payment settlements by rejecting the "scope of patent" test and creating a Circuit split on this issue (Louisiana Wholesale Drug Company / Schering / Upsher-Smith)
Gill Jennings & Every (London)
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 US Court of Appeals holds that reverse payment settlements between brand-name and generic pharmaceutical manufacturers may be unlawful under the rule of reason (Schering-Plough)
Arnold & Porter Kaye Scholer (Washington)
,
Hooper Hathaway (Michigan)
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 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 applies the rule of reason and rejects scope of the patent test when pharma patent settlement violates the antitrust laws (Schering-Plough)
Hyman, Phelps & McNamara (Washington DC)
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 (...)

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 (...)

The Irish Parliament amends the Competition Act strengthening competition law enforcement by providing new and increased sanctions and penalties
Queen’s University Belfast
On 3 July 2012 Ireland’s Competition (Amendment) Act 2012 (“the 2012 Act”) came into force. This Act, as its name indicates, amends the existing Competition Act2002 (“the 2002 Act”) to enhance Ireland’s anti-cartel regime through augmentations to the criminal and private enforcement regimes, and (...)

The UK Supreme Court rejects respondent’s argument according to which enforcement of the plaintiff’s trade marks could lead to infringements of EU law (Oracle America / M-Tech Data)
Blackstone Chambers (London)
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 Swedish Competition Authority accepts the commitments undertaken by office stationery supply chain not to indicate prices in a common marketing catalogue (Rationella Kontors Varuinköp)
Swedish Competition Authority (Stockholm)
Putting a stop to common catalogue prices The office supplies chain, RKV, has undertaken to stop having common catalogue prices for office requisites. This commitment resulted from a review conducted by the Swedish Competition Authority. The office supplies chain RKV (Rationella Kontors (...)

The 7th Circuit US Court of Appeal reverses and remands with instructions to enter judgment for defendants a shareholders’ derivative suit alleging that a compagny violated Section 8 by having on its Board of Directors two individuals who also served on the boards of its competitors (Sears Roebuck & Co.)
Jones Day (Houston)
,
Jones Day (Washington DC)
Although Section 8 of the Clayton Act, 15 U.S.C. § 19, which prohibits competing corporations from sharing directors or officers, is an important concern for the business community, the statute has received surprisingly little attention from government enforcers or judicial opinions in recent (...)

The 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 US Court of Appeals rejects the FTC’s latest “Pay-For-Delay” challenge (FTC / Watson)
Mayer Brown (Washington)
,
US Federal Trade Commission (FTC) (Washington)
On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s dismissal of the Federal Trade Commission’s (“FTC”) complaint against four pharmaceutical companies: Solvay Pharmaceuticals, Watson Pharmaceuticals, Par Pharmaceuticals, and Paddock Laboratories. The (...)

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 (New York)
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 (...)

The Romanian Competition Council finalises its report in an inquiry into the automotive spare parts market
Kinstellar (Bucarest)
,
OMV Petrom (Bucharest)
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 US DoJ announces to continue investigations into the e-book industry for alleged price-fixing conspiracy (Apple)
Sidley Austin (Brussels)
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The DOJ believes that Apple is forcing you to pay more for e-books* On April 11, 2012 the world of antitrust became abuzz with the news that the DOJ filed a (...)

The French Competition Authority fines three leading companies in the dog and cat food sector for anticompetitive agreements (Nestlé / Mars / Colgate-Palmolive)
European Commission (Brussels)
France: The Autorité de la concurrence fines three leading Companies in Dog and Cat Food Sector* On 20 March 2012, the Autorité de la concurrence (the Autorité) fined the Nestlé, Mars Incorporated, Colgate-Palmolive Groups and their respective specialist subsidiaries Nestlé Purina Petcare France, (...)

The French Competition Authority publishes a framework document on competition compliance programmes and a notice regarding its antitrust settlement procedure
European Commission (Brussels)
France: The Autorité de la concurrence publishes Framework Document on Competition Compliance Programmes and Notice regarding its Antitrust Settlement Procedure* Following a two-month public consultation, the Autorité de la concurrence (the Autorité) published on 10 February 2012 a framework (...)

The Local Court of Bonn denies access to leniency applications for third parties in cartel case (Pfleiderer)
Heinz & Zagrosek (Köln)
No access to file to leniency applications for third parties in Germany – national follow-on judgment in Pfleiderer* On January 18, 2012, the district court of Bonn ruled on the scope of access to file for third parties in a cartel case under German law. The court rejected the claim insofar as (...)

The Italian Competition Authority fines pharmaceutical undertaking for abusing its dominant position in the market for the treatment of visual glaucoma products (Pfizer)
Ashurst (Milan)
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 (...)

The U.S. District Court for the Eastern District of Pennsylvania 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 Spanish Competition Authority reaches a settlement agreement with the Spanish federation of municipalities and provinces and four professional associations of architects and industrial engineers (Convenios FEMP / Consejos Superiores de Colegios)
Hogan Lovells (Madrid)
,
Linklaters (Madrid)
On 28 December 2011, the Council of the Spanish Competition Commission (the «Council«, the «SCC«) decided to accept the commitments that had been previously submitted by the Spanish Federation of Municipalities and Provinces (Federación Española de Municipios y Provincias,«FEMP«), the Spanish (...)

The German Competition Authority imposes fines for price fixing totalling € 15.5 million on manufacturers and retailers of hydrants and other water network fittings (Erhard / Schmieding / Frischhut / AVK / VAG / vonRoll)
Van Bael & Bellis (Brussels)
According to a press release of 16 December 2011, the German Federal Cartel Office (“FCO”) has imposed fines totalling approximately € 15.5 million on six manufacturers and retailers of hydrants and other water network fittings, as well as on four of their executives, for their participation (...)

The EU Commission opens proceedings against two manufacturers of refrigerants used in car air conditioning (Honeywell / du Pont)
Ashurst (Milan)
European Commission investigates DuPont and Honeywell practices in relation to new refrigerant* On 16 December 2011 the European Commission opened proceedings to investigate alleged anti-competitive practices relating to the development of a new generation refrigerant for air conditioning (...)

The European Commission fines producers of refrigeration compressors € 161 million in fifth cartel settlement (Producers of household and commercial refrigeration compressors)
European Commission (Brussels)
European Commission fines Producers of Refrigeration Compressors €161 million in fifth Cartel Settlement* On 7 December 2011, the European Commission has settled a cartel with producers of household and commercial refrigeration compressors that covered the whole European Economic Area (EEA). (...)

The US District Court For The Northern District Of Iowa Western Division approves three settlements in a class action for price-fixing conspiracies in the concrete industry defining the case “a model for the nation” (Iowa Ready)
Wolters Kluwer (Riverwoods)
What Do Model Antitrust Class Actions Look Like?* “[O]vercome with a rare and gargantuan sense of awe,” a federal district court judge in Sioux City, Iowa, has called a consolidated class action case arising from price fixing conspiracies in the concrete industry “a model for the nation.” The (...)

The Romanian Competition Authority fines two suppliers of prescription-only medicines and their distributors for parallel export restrictions (Baxter / Belupo)
Peli Filip (Bucharest)
,
Peli Filip (Bucharest)
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 German Competition Authority allows installment payment of cartel fine in mills case (VK Mühlen AG)
Heinz & Zagrosek (Köln)
German FCO allows installment payment of cartel fine in mills cartel case* On October 25, 2011, the Federal Cartel Office (“FCO”) fined mills company VK Mühlen AG in the amount of € 23.8 million for price fixing and customer and market allocation with competitors regarding the sale of flour in (...)

The German Bundeskartellamt fines two manufacturers of coffee products (Kraft Foods, Krüger)
European Commission (Brussels)
Germany: Fines imposed on Cartel in Instant Capuccino Market* On 18 October 2011, the Bundeskartellamt (BKartA) imposed fines totalling approximately € 9 000 000 on Kraft Foods Deutschland GmbH and Krüger GmbH & Co. Kommanditgesellschaft, two manufacturers of coffee products, for their (...)

The French Competition Authority launches public consultations on its approach to compliance programmes and guidelines on settlements (Compliance Programmes and Guidelines on Settlements)
European Commission (Brussels)
France: Autorité de la concurrence launches Public Consultations on its Approach to Compliance Programmes and Guidelines on Settlements* On 14 October 2011, the Autorité de la concurrence (‘the Autorité’) launched a two-month public consultation on a draft framework document on compliance (...)

The EU Court of Justice renders its judgment on licensing of satellite broadcasting holding that national law blocking the importation of foreign decoders is contrary to the 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. The Court concludes that blocking the importation of Greek pay-TV decoders into the UK restricts the freedom to provide services (...)

The EU 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 (Paris)
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 German competition authority imposes multi-million fines for hardcore cartel in the concrete pipe sector (Berding and Betonwerk Bieren)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes multi-million Fines for hard-core Cartel in the Concrete Pipe Sector* On 10 August 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 11 860 000 on two manufacturers of concrete pipes and five individuals. The undertakings concerned are Berding (...)

The German Competition Authority imposes a fine of €17,5M for a cartel agreement concerning turntable ladders for fire engines (Iveco Magirus / Metz Aerials / Rosenbauer)
European Commission (Brussels)
Germany: Cartel Agreement concerning Turntable Ladders for Fire Engines fined with € 17 500 000* On 27 July 2011, the Bundeskartellamt (BKartA) has imposed a fine of € 17 500 000 against Iveco Magirus Brandschutztechnik GmbH for its involvement in anti-competitive agreements on the manufacture (...)

The German Competition Authority reaches settlement agreement with chip-board manufacturer (Glunz)
Van Bael & Bellis (Brussels)
On 22 July 2011, Glunz AG, a manufacturer of chip-boards and subsidiary of Sonae Indústria, announced that it has reached an agreement with the German Competition Authority (Bundeskartellamt) which will “put an end to an ongoing investigation into the wood-based boards market”. In March 2009, (...)

The Washington State passes revised unfair competition law increasing exposure for misappropriated IP
White & Case (Washington)
,
White & Case (Washington)
,
White & Case (Washington)
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. US State Unfair Competition Laws Create Increased Exposure for Misappropriated IP* For many years, information technology companies in the United States have (...)

The French Competition Authority makes mandatory commitments proposed by an economic interest group to reduce the inter-bank fees applicable to transactions by payment cards (Groupement des Cartes Bancaires)
White & Case (Paris)
On July 7, 2011, the French Competition Authority (hereinafter the “Authority”) issued a decision whereby it accepts settlement of an investigation and makes mandatory the commitments proposed by “Groupement des Cartes Bancaires”,an Economic Interest Group which brings together more than 130 banks (...)

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 Czech Competition Authority reaches settlement with detergent producers in a cartel case while implementing its leniency programme (Henkel, Procter & Gamble, Rakona and Reckitt Benckiser)
Kinstellar (Prague)
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Kinstellar (Prague)
On 10 February 2011, the Czech Competition Authority (the “Competition Authority”) adopted a cartel settlement decision finding that the local subsidiaries of the Henkel, Procter & Gamble and Reckitt Benckiser groups (the “Companies”) had participated in a cartel in respect of the sale of (...)

The EU Commission opens investigation against two pharmaceutical companies on account of patent settlement agreement (Cephalon / Teva)
Van Bael & Bellis (Brussels)
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 European Commission settles a cartel in the washing powder industry fining two of the three participating companies and granting full immunity to the first informing about price coordination and other market stabilization strategies adopted (Procter & Gamble, Unilever, Henkel)
European Commission (Brussels)
European Commission: Settlement Decision adopted in Washing Powder Cartel* On 13 April 2011, the European Commission adopted a decision settling a cartel case involving major European producers of washing powder: Procter & Gamble, Unilever and Henkel. This is the third cartel settlement in (...)

The European Commission adopts a cartel settlement decision prohibition decision against three major detergent manufacturers (Henkel, Unilever and Procter & Gamble)
DG COMP (Brussels)
The Consumer detergents cartel* Introduction On 13 April 2011, the Commission adopted a cartel settlement decision prohibition decision against three major detergent manufacturers: Henkel, Unilever and Procter & Gamble. The Decision finds that they had operated a single and continuous (...)

The US District Court for the Southern District of New York dismisses class action alleging electricity overcharges (Simon / Keyspan)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
KeySpan Corporation secured a sweeping victory on March 22, 2011, in the U.S. District Court for the Southern District of New York. Judge Shira Scheindlin’s broad decision granted with prejudice KeySpan’s motion to dismiss a putative consumer class action claiming approximately $360 million in (...)

The German Bunsdekartellamt imposes € 38 M fine on three consumer goods manufacturers for illegal exchange of competition relevant information concerning the state of negotiations with major retailers and prices increases (Kraft Food / Unilever / Dr. August Oetker)
European Commission (Brussels)
Germany: Multi-million Fines imposed on Manufacturers of Consumer Goods* On 17 March 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 38 000 000 on three manufacturers of consumer goods on account of the illegal exchange of competition relevant information infringing German and (...)

A US District Court approves a settlement in a class action based on LCD price-fixing suit (In re LG Philips LCD)
Arent Fox (New York)
On March 11, 2011, Judge Richard Sullivan of the US District Court for the Southern District of New York gave final approval to a settlement between LG Display Co. Ltd. (“LG”) and a class of investors who alleged that LG’s stock price was artificially inflated due to LG’s undisclosed participation (...)

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)
,
Reese Gordon Marketos (Dallas)
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 German Competition Authority fines manufacturers of fire-fighting vehicles (Fire-fighting vehicles cartel)
Van Bael & Bellis (Brussels)
According to a press release of 18 February 2011, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 20.5 million on three manufacturers of fire-fighting vehicles for their participation in a cartel, as well as on a Swiss accountant who assisted in operating the cartel. (...)

The German Competition Authority fines manufacturers of fire-fighting vehicles (Albert Ziegler, Giengen an der Brenz, Schlingmann, Dissen, and the Rosenbauer Group)
Van Bael & Bellis (Brussels)
According to a press release of 18 February 2011, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 20.5 million on three manufacturers of fire-fighting vehicles for their participation in a cartel, as well as on a Swiss accountant who assisted in operating the cartel. (...)

The EU Court of Justice Advocate General Kokott considers that territorial exclusivity agreements relating to transmission of live football matches are contrary to EU 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 (...)

The 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 US Federal District court rules that the DoJ was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation (KeySpan)
Wolters Kluwer (Riverwoods)
Can the Justice Department Seek Disgorgement for a Sherman Act Violation?* The federal district court in New York City ruled last week that the Department of Justice was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation. The court approved a consent decree, which (...)

The German Higher Regional Court Düsseldorf specifies the requirements for granting a compulsory license under antitrust law (Zwangslizenzeinwand)
Dentons (Berlin)
In its decision of 20 January 2011, the Higher Regional Court Düsseldorf (“OLG Düsseldorf“) specified the requirements for granting a compulsory license under antitrust law, resulting from Article 102 TFEU. The court thereby clarified the requirement of indispensability and the definition of a new (...)

The EU Commission issues new guidelines on the applicability of Art. 101 TFEU to horizontal co-operation agreements equating information exchanges between competitors with cartels
Garrigues (Brussels)
Information exchange=cartel?* Many have praised the inclusion of some guidance on exchanges of information within the new EU Guidelines on horizontal agreements. Personally, I agree with those arguing that guidance from the Commission was necessary, and I acknowledge that there are some useful (...)

The UK Competition Authority negotiates an agreement limiting the exchange of pricing data among car insurers (Motor Insurers)
Akin Gump Strauss Hauer & Feld (Washington)
,
Bona Law (New York)
This article is the winner for business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to read more about the Antitrust Writing Awards. Summary Britain’s Office of Fair Trading (the UK consumer and competition authority) has negotiated an agreement that (...)

The German Competition Authority imposes first multi-million fines on chemical wholesalers for six regional cartels (BÜFA Chemikalien / Oldenburg, CG Chemikalien / Laatzen / Hanke & Seidel / Steinhagen)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes first multi-million Fines on Chemical Wholesalers for six regional Cartels – Investigation continues with regards to other Regions* On 26 November 2010, the Bundeskartellamt imposed fines totalling € 15 110 000 on 12 undertakings in the chemical wholesale (...)

The EU Court of Justice rules that a Japanese company may block unauthorised imports into the EU (Canon)
Van Bael & Bellis (Brussels)
On 28 October 2010, the Court of Justice of the European Union (“ECJ”) ruled that Canon Kabushiki Kaisha (“Canon”), a Japanese manufacturer of copying machines, cameras, optical and other products, could prevent a Bulgarian trader from importing ink cartridges from Hong Kong into the EU if it were (...)

The US DoJ and seven US States file an antitrust case and charge the card transaction networks with using rules that restrict price competition (Visa / Mastercard / American Express)
Wolters Kluwer (Riverwoods)
Visa, MasterCard Settle U.S./State Antitrust Suit, While American Express Vows to Fight* The Department of Justice and seven states have filed a civil antitrust suit against the three largest credit and charge card transaction networks in the United States, challenging rules that allegedly (...)

The German Competition Authority fines two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements (DC Druck Chemie / Felix Böttcher / Helmut Siegel)
European Commission (Brussels)
Germany: Fines imposed on two Companies in the Press room Chemicals Sector On 29 September 2010, the Bundeskartellamt imposed fines amounting to € 660,000 on two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements prohibited by national law and by Article (...)

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)
Ashurst (Milan)
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 German Competition Authority fines a company airline for coordinating ticket prices for flights to Turkey (Condor Flugdienst)
European Commission (Brussels)
Germany: Fine imposed for coordinating Ticket Prices for Flights to Turkey On 28 September 2010, the Bundeskartellamt imposed a fine of € 1,200,000 on Condor Flugdienst GmbH for its involvement in an illegal agreement on the prices of flights from Germany to Turkey infringing national (...)

The U.S. House Judiciary Committee holds a hearing on competition in the evolving digital marketplace
Stanford University - Stanford Law School
U.S. hearing on competition in the digital marketplace* On 16 September 2010 the Subcommittee on the Courts and Competition Policy of the U.S. House Judiciary Committee held a hearing on Competition in the Evolving Digital Marketplace. A prepared statement of the U.S. Federal Trade (...)

The US Court of Appeals for the Federal Circuit clarifies requirements for the patent misuses (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)
Ashurst (Milan)
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 Competition Authority accepts commitments submitted by the leading auction company following an investigation into unfair practices (Sotheby’s)
Codacons (Rome)
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 European Commission fines animal feed phosphates producers for price-fixing and market-sharing in its first "hybrid" cartel settlement case (Yara Phosphates, Tessenderlo Chemie)
Winston & Strawn (London)
The European Commission (Commission) has today announced its first settlement of a cartel case in a so-called "hybrid" scenario, in which all but one company settled the case with the Commission in return for a 10 percent reduction in each of their fines (IP/10/985). The Commission has fined (...)

The US Court of Appeals for the 3rd Circuit vacates a class action settlement in diamond industry favoring the status of direct purchasers for antitrust laws enforcement in U.S. courts (Sullivan, DB Investments)
Gibson Dunn (New York)
In U.S., It’s Getting Harder to Bring Consumer Antitrust Class Actions* One of the inevitable facts of life in the U.S. after a government antitrust investigation becomes public – especially if it is a cartel investigation with an amnesty applicant or guilty pleas – is customer class actions. (...)

The EU Commission publishes its second report on the monitoring of patent settlements in the pharmaceutical sector
Ashurst (Milan)
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 U.S. FTC asks the 11th Circuit to overturn a lower court’s decision to allow a reverse payment settlement between branded and generic pharmaceutical manufacturers (Watson Pharmaceuticals)
Vinson & Elkins (Washington)
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Reese Gordon Marketos (Dallas)
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 Svea Court of Appeal in Stockholm regards an association for copyright holders as undertaking and views ancillary agreements as giving effect to an anti-competitive agreement (ALIS / Mediearkivet)
Baker McKenzie (Stockholm)
ALIS (The Administration of Literary Rights) is a non-profit organisation that was formed by four associations for educational writers, authors, journalists and actors. To ALIS were also a number of independent copyright holders associated by agreement. ALIS role is to protect the member’s (...)

The EU Court of Justice rules against imported perfume “tester” resale (Coty Prestige Lancaster Group)
Van Bael & Bellis (Brussels)
On 3 June 2010, the Court of Justice of the European Union (“ECJ”) added another judgment to its line of case-law concerning the trademark exhaustion rules. In Case C-127/09, Coty Prestige Lancaster Groupv. Simex Trading, the ECJ ruled that a German trader cannot sell imported perfume “testers” (...)

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
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 (...)

The European Commission reaches first cartel settlement and imposes fines in the DRAM industry (Micron / Infineon)
Winston & Strawn (New York)
On May 19, 2010, the EC announced that, for the first time, it had resolved a cartel case through the use of its settlement procedure. The groundbreaking settlement resolved the EC’s investigation of ten producers of Dynamic Random Access Memory (“DRAM”) chips used in computers and servers. As the (...)

The EU Commission publishes draft rules for the assessment of horizontal cooperation agreements under competition law
Stanford University - Stanford Law School
European Commission publishes draft guidelines on horizontal agreements and R&D block exemption regulation* On 4 May 2010 the European Commission published, for public consultation, draft guidelines on horizontal agreements and two related draft block exemption regulations, including one (...)

A US Court of Appeals holds that reverse payment agreements between a patentee and a generic pharma manufacturers that do not exceed the scope of the patent are not illegal under the federal antitrust laws and refuses to conduct post hoc determination of patent validity (Bayer)
McDonnell Boehnen Hulbert & Berghoff
On April 29th, the U.S. Court of Appeals for the Second Circuit ruled that the "pay-for-delay" agreement between defendants Bayer AG and several generic drugmakers (including The Rugby Group, Watson Pharmaceuticals Inc., and Barr Laboratories Inc.) were not illegal under U.S. antitrust law and (...)

The UK Office of Fair Trading fines £28.6 million for price fixing cartel in the bank industry (Royal Bank of Scotland)
University of East Anglia (Norwich)
Reckless Bank Saved by the Taxpayer Will Now Pay Cartel Fine* British bank, Royal Bank of Scotland (RBS), has agreed to pay a fine of £28.6 million for price fixing. RBS employees shared confidential pricing information concerning commercial loans, with their counterparts at Barclays, who (...)

A U.S. 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 EU Court of Justice that a trademark owner can oppose the resale of its luxury goods by discount stores (Caud / Chanel)
Van Bael & Bellis (Brussels)
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 District Court for the Northern District of Georgia dismisses the FTC’s "pay-for-delay" antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel Litigation)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Fordham Competition Law Institute - FCLI (New York)
On February 22, 2010, Judge Thomas W. Thrash, Jr. dismissed the Federal Trade Commission’s (FTC) antitrust lawsuit alleging that Solvay Pharmaceuticals (Solvay) conspired with generic drug makers Watson Pharmaceuticals (Watson) and Par Pharmaceuticals (Par) to delay generic competition for the (...)

The US District Court for the Northern District of Georgia grants defendants’ motions to dismiss antitrust claims brought by the FTC as regards reverse payments settlements and related commercial arrangements (Androgel)
Stanford University - Stanford Law School
U.S. District Court dismisses AndroGel reverse payment antitrust claims* On 22 February 2010 the U.S. District Court for the Northern District of Georgia (Atlanta Division) granted defendants’ motions to dismiss antitrust claims brought by the Federal Trade Commission (“FTC”) among others that (...)

The US District Court for the Northern District of Georgia dismisses antitrust claims on reverse payment on the pharma market (Androgel)
Sheppard Mullin (San Francisco)
FTC Gets Shut Down – Once Again – In Its Bid To Change How Courts View Reverse Payment Settlements* As previously reported on this blog, in January 2009, the Federal Trade Commission launched its latest challenge to the legality of reverse payment settlements in the pharmaceutical industry, this (...)

The US DoJ files a statement of interest and raises concerns about cooperation and exclusivity regarding a proposed settlement in an e-books case (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 UK High Court rejects competition defence in a trademark infringement case (Sun Microsystems)
Van Bael & Bellis (Brussels)
On 25 November 2009, the UK High Court of Justice ruled, inter alia, that a competition law defence raised by M-Tech Data Limited (“M-Tech”) stood no real prospect of success in an application for summary judgment brought by Sun Microsystems (“Sun”), concerning the defendant’s infringement of Sun‘s (...)