McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsMediation: New Obligations for France-based Traders
By McDermott Will & Emery on Feb 25, 2016
Posted In Consumer Protection/Privacy, French Developments
Since entry into force on 1 January 2016 of the French provisions transposing the 2013 EU directive regulating mediation of consumer disputes (Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes (“ADR”)), and the operability of the online platform provided by the 2013 EU regulation on online dispute resolution for consumer...
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Recent Judgments Illustrate How the European Commission Can Correct Its Errors Post-Annulment
By McDermott Will & Emery on Feb 22, 2016
Posted In Cartel Enforcement, EC Developments, Mergers & Acquisitions
As a general proposition, when the validity of a European Commission antitrust decision is challenged before the General Court of the European Union (GCEU), the procedure is one of judicial review, not a retrial on the merits (although the GCEU does have special jurisdiction to increase or reduce the amount of any fine). Thus there...
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French Class Action Law Has Less Impact Than Expected
By McDermott Will & Emery on Feb 10, 2016
Posted In Consumer Protection/Privacy, French Developments, Private Litigation
Since the entry into force on 1 October 2014 of the provisions of the “Hamon” law of 17 March 2014, which introduced class actions into French law in relation to consumer and competition law matters, only six class actions have been brought. The first action was filed on the date the new law came into...
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The European Union’s Highest Court Rules on Standard-Essential Patents, Injunctions and Abuse of Dominance
By McDermott Will & Emery on Jul 23, 2015
Posted In EU Developments, German Developments, IP Antitrust, Joint Ventures/Competitor Collaboration
The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered by the Court of Justice of the European Union, in Huawei v. ZTE C 170/130. Although the judgment lays down the legal test applicable to injunctions involving standard-essential patents, and...
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A New Concept in Cartel Fining: “Direct EEA Sales Through Transformed Products”
By McDermott Will & Emery on Jul 11, 2015
Posted In Cartel Enforcement, EU Developments
On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European Economic Area [EEA] sales through transformed products”. This new concept can be used by the European Commission to calculate fines of...
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FTC and DOJ Host Workshop Examining Health Care Competition
By McDermott Will & Emery, Ashley Fischer, Lisa A. Peterson, Stephen Wu and McDermott Will & Emery on Mar 4, 2015
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider organization and payment models, and their potential effects on competition in the provision of health care services. A main message from...
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Local Wholesaler-Retailer Dispute Has Federal Implications
By McDermott Will & Emery on Oct 16, 2014
Posted In Distribution/Franchising, Monopolization/Abuse of Dominance, Private Litigation
On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern Mississippi convenience store chain, Major Mart, and an Anheuser-Busch InBev (ABI, a/k/a “Red Network”) distributor, Mitchell Distributing Company. In Mississippi, by...
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CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million
By McDermott Will & Emery on Sep 10, 2014
Posted In EC Developments
On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on the basis of the turnover of that subsidiary, and not the parent company, if and to the...
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EU Court Maintains Tough Stance Against Business Practices by Firms With Strong Market Power
By McDermott Will & Emery on Jun 16, 2014
Posted In EC Developments
The European Union’s court of first instance, the General Court, has confirmed the Commission’s decision in Intel and upheld a record fine of €1.06 billion. In so doing, it condemned a number of Intel’s business practices, including loyalty rebates. The General Court’s approach suggests that it views exclusionary business practices by a company in a...
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FTAIA and Foreign Sales: Seventh Circuit Limits Extraterritorial Reach of U.S. Antitrust Law in Motorola Mobility v. AU Optronics
By McDermott Will & Emery on Apr 8, 2014
Posted In Private Litigation
On March 27, 2014, in Motorola Mobility LLC v. AU Optronics Corp., the Seventh Circuit set precedent in the growing body of law interpreting the Foreign Trade Antitrust Improvements Act (FTAIA). Judge Posner held that the FTAIA bars antitrust suits over restraints in foreign markets for parts (inputs) used abroad to manufacture products later imported...
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