McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsAutomotive Bearings Price-Fixing Allegations Survive FTAIA Defense
By McDermott Will & Emery on Aug 28, 2014
Posted In Private Litigation
On August 26, 2014, the Eastern District of Michigan denied a motion by a Japanese manufacturer and its U.S.-based subsidiary (NTN Corporation and NTN USA Corporation) to dismiss the direct and indirect purchaser complaints in In re Bearings, 2:12-cv-00500-MOB-MKM (E.D. Mich. Aug. 26, 2014), one of the cases in the In re Automotive Parts Antitrust...
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FTC Promotes Competition Among Professionals Through Advocacy, Enforcement
By McDermott Will & Emery on Jul 21, 2014
Posted In FTC Developments
On July 16, 2014, Andrew Gavil, Director of the Office of Policy Planning at the Federal Trade Commission (FTC), testified on the subject of “Competition and the Potential Costs and Benefits of Professional Licensure” before the House Committee on Small Business. Gavil explained the FTC’s rationale for evaluating the competitive effects of different licensing regimes...
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District Court Pares Down Price Discrimination Suit Against Chrysler
By McDermott Will & Emery on Jul 18, 2014
Posted In Distribution/Franchising, Private Litigation
On July 11, 2014, the Northern District of California dismissed one of two federal antitrust claims brought against Chrysler Group LLC under the Robinson-Patman Act, 15 U.S. C. § 13, as well as several state statutory and common law claims. Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236-BLF (N.D. Cal. July 11, 2014). The...
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MOFCOM Asks Second Circuit to Reverse Judgment Against Chinese Vitamin Manufacturers
By McDermott Will & Emery on Apr 18, 2014
Posted In Chinese Developments, Private Litigation
On April 14, 2014, China’s Ministry of Commerce (MOFCOM) filed an amicus brief asking the Second Circuit to overturn a ruling by the Eastern District of New York against Chinese vitamin manufacturers. See Brief for Amicus Curiae Ministry of Commerce of the People’s Republic of China in Support of Defendants-Appellants, In re Vitamin C Antitrust...
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Section 1 Claims Dismissed in LIBOR, TIBOR Class Action
By McDermott Will & Emery on Apr 15, 2014
Posted In Private Litigation
On March 28, 2014, Judge Daniels of the Southern District of New York dismissed antitrust and unjust enrichment claims against over 20 banks accused of manipulating prices in the Euroyen interbank lending market by submitting false rate quotes to Yen-LIBOR and Euroyen TIBOR rate-setting organizations. Laydon v. Mizuho Bank, Ltd., No. 12-cv-3419 (S.D.N.Y. Mar. 28,...
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Non-Direct Competitors May Sue Under the Lanham Act, Doctrine of Prudential Standing Eliminated
By McDermott Will & Emery, John J. Dabney and McDermott Will & Emery on Apr 3, 2014
Posted In IP Antitrust, Private Litigation
The Supreme Court of the United States swept away the different standards for Lanham Act prudential standing previously applied by the courts of appeals, and expressly discarded the amorphous concept of prudential standing in all federal statutory cases. Read the full article.
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FTC Hosts Public Workshop, “Examining Health Care Competition”
By McDermott Will & Emery, Stephen Wu and McDermott Will & Emery on Mar 26, 2014
Posted In FTC Developments, Healthcare Antitrust
During the last several years, the Federal Trade Commission (FTC) has taken an active role in antitrust enforcement in the health care industry, particularly with respect to hospital and physician group acquisitions. Last week, the FTC held a two-day public workshop to examine new trends and developments in the health care industry related to professional...
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Supreme Court: Parens Patriae Suits Not “Mass Actions” under CAFA
By McDermott Will & Emery on Jan 22, 2014
Posted In Private Litigation
On January 14, 2014, the Supreme Court ruled in a unanimous opinion that parens patriae suits brought by states on behalf of their citizens do not constitute “mass actions” under the Class Action Fairness Act (CAFA). Miss. ex rel. Hood v. AU Optronics Corp., No. 12-1036 (U.S. Jan. 14, 2014). Enacted in 2005, CAFA lowered...
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Sixth Circuit Vacates Class Certification in Detroit Nurses Antitrust Case
By McDermott Will & Emery on Jan 17, 2014
Posted In Private Litigation
On January 6, 2014, the Sixth Circuit vacated a class certification order for reconsideration in light of the Supreme Court’s 2013 decision in Comcast v. Behrend, 133 S. Ct. 1426 (2013). In re VHS of Michigan, Inc., No. 13-0013 (6th Cir. Jan. 6, 2014). In Comcast, the Supreme Court reversed a grant of class certification...
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European Commission Simplifies Aspects of EU Merger Control
By McDermott Will & Emery on Dec 10, 2013
Posted In EC Developments, Mergers & Acquisitions
The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control. The Reform Package does this by extending “simplified” treatment to more transactions, reducing the information that parties to a notifiable transaction have to submit and streamlining the pre-notification process. The...
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