McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsDOJ Issues Business Review Letter Pertaining to SSO Policy on Standard-Essential Patents and RAND Commitments
By McDermott Will & Emery and Will Diaz on Feb 12, 2015
Posted In DOJ Developments, IP Antitrust
The Antitrust Division of the U.S. Department of Justice (DOJ) recently issued a business review letter stating that it would not challenge the Institute of Electrical and Electronics Engineers, Inc.’s (IEEE’s) proposed revisions to its patent policy. These patent policy revisions seek to address the “wide divergence” in expectations between holders of patents essential to...
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Notification Threshold Under the Hart-Scott-Rodino Act Increased to $76.3 Million
By McDermott Will & Emery and Jon B. Dubrow on Jan 21, 2015
Posted In Mergers & Acquisitions
The U.S. Federal Trade Commission (FTC) recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and 2015 thresholds for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Notification Threshold Adjustments Pursuant to the amendments passed by the U.S. Congress in 2000, the FTC...
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The EU Directive on Antitrust Damages Actions
By Martino Sforza, Dr. Boris Uphoff and McDermott Will & Emery on Jan 19, 2015
Posted In Consumer Protection/Privacy, EU Developments, Private Litigation
The EU Directive on Antitrust Damages Actions requires the 28 EU Member States to adapt their laws and procedures to comply with the Directive by 27 December 2016 at the latest. It establishes a basic right to claim damages for loss caused by antitrust infringements, and establishes a minimum framework of rules concerning proof of...
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Former Toyoda Gosei Executive Pleads Guilty to Price-Fixing, Bid-Rigging
By McDermott Will & Emery on Jan 13, 2015
Posted In Cartel Enforcement, DOJ Developments
On January 6, 2015, Makoto Horie of Toyoda Gosei North America pled guilty to the United States Department of Justice (DOJ) for conspiring to fix the prices of automotive hoses sold to U.S. companies. Mr. Horie was sales general manager for Toyoda Gosei in Japan. He will serve one year and one day in a...
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Second Circuit To Hear Expedited Appeal in “Product Hopping” Suit
By McDermott Will & Emery on Jan 9, 2015
Posted In Healthcare Antitrust, IP Antitrust
On January 6, 2015, the Second Circuit granted defendants’ motion for an expedited appeal but denied their motion for a stay in New York v. Actavis PLC, 14-4624 (2d Cir. Jan. 6, 2015). Defendants are manufacturers of Namenda, a brand name pharmaceutical prescribed to patients with moderate to severe Alzheimer’s disease. New York Attorney General...
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Mushroom Growers Denied Capper-Volstead Antitrust Immunity
By McDermott Will & Emery on Oct 22, 2014
Posted In Agriculture, Private Litigation
On October 14, 2014, the Eastern District of Pennsylvania denied a motion for reconsideration brought by members and affiliates of the former Eastern Mushroom Marketing Cooperative (EMMC). In re Mushroom Direct Purchaser Antitrust Litig., No. 06-0620 (E.D. Pa. Oct. 14, 2014). In 2009, the court denied defendants’ motion for partial summary judgment, which argued that...
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S.D.N.Y. Dismisses Cotton Traders’ § 1 Claims Under Copperweld
By McDermott Will & Emery on Oct 17, 2014
Posted In Agriculture, Monopolization/Abuse of Dominance, Private Litigation
On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act (CEA) and Sherman Act claims brought against Louis Dreyfus Commodities B.V. and its affiliates in In re Term Commodities Cotton Futures Litigation, 12 Civ. 5126 (ALC)(KNF) (S.D.N.Y. Sept. 30, 2014). The plaintiffs, cotton futures traders, alleged that the defendants manipulated...
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New EU Competition Commissioner’s Priorities For 2014-2019: Hearing Before The European Parliament
By Jacques Buhart and McDermott Will & Emery on Oct 3, 2014
Posted In EC Developments, EU Developments
Margrethe Vestager, former Deputy Prime Minister of Denmark, is designated to become the next European Union Competition Commissioner in November 2014. In a three hour hearing before the European Parliament (EP) last night (2 October), Ms Vestager answered the EP’s questions and revealed a number of issues that she would like to focus on during...
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New EU Competition Commissioner Magrethe Vestager to Take Office in November, Pending Approval
By McDermott Will & Emery and Jacques Buhart on Sep 11, 2014
Posted In EC Developments
In an announcement made on 10 September 2014, the President-elect of the next European Commission, Jean-Claude Juncker from Luxemburg, unveiled his team and announced that Magrethe Vestager from Denmark will replace Joaquin Almunia as the EU Commissioner for Competition. Ms Vestager is to take office in November, subject to confirmation by the European Parliament. The...
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DOJ Makes Headway in Fight Against Financial Fraud
By McDermott Will & Emery on Sep 4, 2014
Posted In DOJ Developments
On August 18, 2014, following a Department of Justice (DOJ) investigation and criminal indictment, Paul Robson became the second former Rabobank employee to plead guilty for his participation in a scheme to manipulate the Japanese Yen London InterBank Offered Rate (LIBOR). This latest success for the agency “demonstrates the Department of Justice’s continued resolve to...
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