McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsFirst Successful Extradition of Foreign National for Price-Fixing Violation
By McDermott Will & Emery on Apr 7, 2014
Posted In Cartel Enforcement, DOJ Developments, German Developments
For the first time, the U.S. Department of Justice (DOJ) has successfully litigated an extradition of a foreign national on an antitrust charge. This extradition shows that the DOJ is still pursuing individuals it charged several years ago with criminal price-fixing conduct and is a watershed moment in DOJ criminal enforcement of the antitrust laws....
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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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European Commission Adopts Revised Competition Regime for Technology Transfer Agreements
By McDermott Will & Emery on Mar 25, 2014
Posted In EC Developments
On 21 March 2014, the European Commission (Commission) adopted a revised set of rules for the assessment of technology transfer agreements by the Commission and national competition authorities. The new Technology Transfer Block Exemption Regulation and accompanying Technology Transfer Guidelines will enter into force on 1 May 2014. The revised regime provides clearer and, arguably...
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France Finally Embraces Class Actions
By McDermott Will & Emery on Feb 27, 2014
Posted In French Developments
France is one of the last western European countries to introduce a class action system. After decades of debates, two failed attempts by both left wing and right wing Parliament majorities, nine months of legislative procedure and thousands of amendments, it should soon, finally, be possible to launch a group action in France. Click here...
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“Reverse Payment” Settlements Subject to Greater Antitrust Scrutiny: Implications of Supreme Court FTC v. Actavis Ruling
By McDermott Will & Emery on Jun 21, 2013
Posted In FTC Developments
by Jeffrey W. Brennan By rejecting the “scope of the patent” test and holding that reverse payment patent settlements “can sometimes violate the antitrust laws,” the Supreme Court of the United States subjects such settlements to greater antitrust scrutiny. But, by establishing the rule of reason as the operative standard for adjudicating the cases, with...
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