McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsThird Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims
By McDermott Will & Emery on Feb 17, 2017
Posted In Monopolization/Abuse of Dominance, Private Litigation
On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification. The Third Circuit found that only the individual claims may proceed in the case. The...
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Musical Chairs at the FTC—Ohlhausen is New Acting Chairwoman
By McDermott Will & Emery on Jan 27, 2017
Posted In FTC Developments, Mergers & Acquisitions
This month has seen significant changes in the landscape of federal leadership and the changes have now reached the Federal Trade Commission (FTC). On January 13, current Chair Edith Ramirez announced that she would resign from her position effective February 10, 2017. This Wednesday, January 25, the new administration designated Maureen Ohlhausen as Acting Chair....
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DOJ and FTC Release New Antitrust Guidelines for International Enforcement and Cooperation
By Paul M. Thompson and McDermott Will & Emery on Jan 20, 2017
Posted In DOJ Developments, FTC Developments
On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by the agencies and serve to update the Antitrust Enforcement Guidelines for International Operations that have been in place since April 1995. The new guidelines...
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US Supreme Court to Review Patent Exhaustion Doctrine
By McDermott Will & Emery on Dec 2, 2016
Posted In IP Antitrust
On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to restrictions on post-sale use and (2) authorized sales of a patented article outside of...
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French Competition Authority Imposes Its First Ever Fine for Gun-Jumping
By Louise Aberg and McDermott Will & Emery on Nov 9, 2016
Posted In French Developments, Mergers & Acquisitions
For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, behaviour commonly known as “gun-jumping”.
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DOJ, FTC Issue Antitrust Guidance to Human Resources Professionals
By Lauren Salins, Stephen Wu and McDermott Will & Emery on Oct 25, 2016
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Healthcare Antitrust
On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to educate HR professionals about how the antitrust laws apply in the employment context. Read...
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Criminal Charges for Executive Stemming from Discovery Responses in DOJ Civil Antitrust Litigation
By McDermott Will & Emery on Oct 25, 2016
Posted In DOJ Developments
On October 14, 2016, former vice president and director of information technology of Coach USA, Inc. (Coach), Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and misleading statements under oath in a deposition during the US Department of Justice Antitrust Division’s (DOJ) investigation of a joint-venture involving...
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EU Court Confirms European Commission’s Decision on Pay-for-Delay Agreements
By Mélanie Bruneau and McDermott Will & Emery on Oct 20, 2016
Posted In EC Developments, IP Antitrust
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 companies for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant. The...
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Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition
By Stephen Wu, Daniel Powers, Ashley Fischer and McDermott Will & Emery on Sep 28, 2016
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision provides clear guidance on the appropriate tests for determining geographic markets in hospital merger cases, while also suggesting that...
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General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party
By McDermott Will & Emery on Sep 28, 2016
Posted In Cartel Enforcement, Consumer Protection/Privacy, EC Developments
On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully in a “dawn raid” even if the recordings were made illegally by a third party (T-54/14). This judgment reminds us of the delicate balance...
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