McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsClose Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share
By Nicole Castle, Michelle Lowery, Matt Evola, Stephen Wu and McDermott Will & Emery on Jan 27, 2020
Posted In Cartel Enforcement, Private Litigation
Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for fairness to class members.
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EU Competition Commissioner Vestager Nominated for a Second Term – a Tale of Two Hats
By McDermott Will & Emery on Sep 12, 2019
Posted In EC Developments, EU Developments, IP Antitrust, Monopolization/Abuse of Dominance
What Happened: On 10 September 2019, European Commission President-elect Ursula von der Leyen nominated Margrethe Vestager as Competition Commissioner for a second consecutive term. As part of a structural shake-up of the Commission, involving the institution of eight Vice-Presidents, three of whom will be “Executive Vice Presidents”, she will additionally serve as “Executive Vice President...
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Antitrust Enforcement Update: Spotlight on Physician Transactions
By Ashley Fischer, Katharine M. O'Connor, Lisa A. Peterson, Stephen Wu and McDermott Will & Emery on Jun 21, 2019
Posted In FTC Developments, Healthcare Antitrust
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state law that requires prior notice of healthcare provider transactions. We also offer practical takeaways for providers pursuing practice acquisitions. Access the full article.
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Texas Court Declares Licensing Offer Based on End Device Is FRAND, Diverges from California Court in Qualcomm
By Anthony S. Ferrara, Lisa A. Peterson and McDermott Will & Emery on Jun 3, 2019
Posted In IP Antitrust, Private Litigation
Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision—FTC v. Qualcomm—on the question of whether an SEP holder must base its royalty rates on the “smallest salable patent-practicing unit”...
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Federal Judge Finds Qualcomm Violated the FTC Act Through Monopolistic and Exclusionary Conduct
By Lisa A. Peterson, Anthony S. Ferrara and McDermott Will & Emery on May 23, 2019
Posted In FTC Developments, IP Antitrust, Monopolization/Abuse of Dominance
On May 21, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act by maintaining its monopoly position as a modem chip supplier through a number of exclusionary practices, including refusing to license standard essential patents...
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General Court Annuls European Commission Decision on Belgian Excess Profit Exemption System
By McDermott Will & Emery on Feb 26, 2019
Posted In EC Developments, EU Developments
On 14 February 2019, the General Court of the European Union (GCEU) annulled the decision of the European Commission (Commission) on the Belgian excess profit exemption system (SA.37667) in its entirety on the ground that the Commission erroneously categorized the system as an “aid scheme” (T‑131/16 and T‑263/16). IN DEPTH Background Since June 2013, the...
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Federal Jury Finds that Ericsson’s Licensing Offer to HTC is FRAND
By Anthony S. Ferrara, Lisa A. Peterson and McDermott Will & Emery on Feb 25, 2019
Posted In IP Antitrust
On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms. The verdict ended a nearly two-year dispute as to whether FRAND obligations preclude a licensing offer based on end products rather than components. Ericsson...
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EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity
By McDermott Will & Emery on Feb 20, 2019
Posted In EC Developments, EU Developments, Mergers & Acquisitions
On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the Commission’s decision to block the proposed acquisition of TNT Express NV (TNT) by United Parcel Services (UPS) in...
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District Court: IPR Policy Does Not Automatically Require License Fees Based on Components
By Lisa A. Peterson, Anthony S. Ferrara and McDermott Will & Emery on Feb 12, 2019
Posted In IP Antitrust
The US District Court for the Eastern District of Texas ruled that for the purposes of honoring a fair, reasonable and non-discriminatory (FRAND) commitment, a pool member is not required to base royalties for its standard essential patents (SEPs) on the value of components. HTC America Inc. et al. v. Ericsson Inc., Case No. 6:18-cv-00243-JRG...
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THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation
By Stephen Wu, Michelle Lowery, Ashley Fischer and McDermott Will & Emery on Nov 20, 2018
Posted In DOJ Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health system and commercial insurers that allegedly restrict payors from “steering” their enrollees to lower-cost hospitals. The settlement comes after two...
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