Top Story
DOJ’s Approval of Revisions to IEEE’s Standard-Setting Policies Provides Guidance for SSOs, Patent Holders, Licensees and Courts
On Feb. 2, 2015, the U.S. Department of Justice issued a business review letter that effectively approved a proposal by the Institute of Electrical and Electronic Engineers to update the IEEE Standard Association’s Patent Policy regarding standard-essential patents. The DOJ’s approval of IEEE’s Update is an important step in the development of policies that standard-setting organizations can adopt with respect to SEPs while reducing the risk of an enforcement action by the DOJ. Read more >>
Global Developments
Asia
China and U.S. Issue Joint Fact Sheet Addressing China’s Enforcement of the Anti-Monopoly Law and Intellectual Property Rights
On Dec. 29, 2014, the U.S. Department of Commerce posted a fact sheet on the 25th U.S.-China Joint Commission on Commerce and Trade. Portions of the fact sheet—which was jointly issued by the U.S. and Chinese governments—address competition issues and intellectual property rights, following substantial criticism of what many considered to be uneven enforcement of China’s Anti-Monopoly Law against non-Chinese companies. Read more >>
Jiangsu High Court Upholds Dismissal of an Administrative Lawsuit Involving USB 3.0 Connector Essential Patent Dispute
On Dec. 19, 2014, Jiangsu High People’s Court upheld the first instance ruling by Nanjing Intermediate People’s Court that dismissed an administrative lawsuit brought by Lotes Suzhou Co., Ltd. Read more >>
Europe
French Competition Authority Fines Wallpaper Producers for Anticompetitive Information Exchange
Following a request for leniency from seven wallpaper producers for engaging in anticompetitive conduct, the French Competition Authority recently sanctioned them in the amount of 5.27 million euros (US$6.6 million). Read more >>
Advocate General: Removal of the Only German Participant in a Cartel Damages Case From Litigation Does Not Prevent the Claim From Being Pursued in Germany
On Dec. 11, 2014, Advocate General Niilo Jääkinsen advised that a German court could retain jurisdiction over a cartel damages claim even after the only German defendant company has reached a settlement. Read more >>
Court of Justice Scrutinizes Right of the European Commission to Conduct Raids on Companies Suspected of Breaking Antitrust Rules
On Dec. 4, 2014, the Court of Justice of the European Union heard Deutsche Bahn’s appeal against a September 2013 judgment by the General Court that 2011 inspections of its premises were legal. Read more >>
European Commission Clears Holcim/Lafarge Merger at Phase I
The European Commission cleared the merger of cement companies Holcim and Lafarge by a Phase I decision on Dec. 15, 2015, despite their positions as the first and second-largest such companies in the European Union. Read more >>
French Supreme Court Dismisses Appeal by Orange Against €60 Million Fine for Subsidiary’s Abuse of Dominant Position in Overseas French Territories
On Jan. 6, 2015, the French Supreme Court dismissed an appeal by Orange against the decision of the Paris Court of Appeal of July 2013, which confirmed the decision of the French Competition Authority to fine telecoms operator Orange 60 million euros (US$68.8 million). Read more >>
European Commission Publishes Competition Policy Brief on New Damages Directive
On Jan. 13, 2015, the European Commission published a competition policy brief on Commission Directive 2014/14. Read more >>
United States
U.S. Supreme Court Clarifies Application of Final Judgment Rule in Multidistrict Antitrust Case
On Jan. 21, 2015, the U.S. Supreme Court issued a unanimous decision clarifying the appealability of a ruling in a case that has been consolidated for pretrial purposes with others in a multidistrict litigation proceeding. Read more >>
9th and 7th Circuits Issue Amended Opinions Suggesting Narrowing of Differences in Application of the “Domestic Effects” Test Under the FTAIA
The past year has seen somewhat conflicting decisions from 7th Circuit (Motorola Mobility) and 9th Circuit (Hsuing) regarding the scope and application of the U.S. Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a to preclude Sherman Act liability for conduct that takes place outside the United States. However, in January 2015, both Circuits issued amended opinions in cases stemming from the TFT-LCD price-fixing case—after reviewing each other’s original opinion and a lot of commentary and criticism by outsiders. Read more >>
5th Circuit Rejects Claim That Horse Association Violated Sherman Act by Voting to Block Registration of Horses Created Through Cloning
On Jan. 14, 2015, the 5th U.S. Circuit Court of Appeals reversed a district court’s order rejecting the American Quarter Horse Association’s motion for judgment as a matter of law after a jury found that it violated the Sherman Act by adopting new rules the block the registration of horses created through cloning. Read more >>
1st Circuit Clarifies Class Composition Rules for Reverse Payment Pharmaceutical Actions
On Jan. 21, 2015, a split 1st U.S. Circuit Court of Appeals panel upheld a district court order certifying a class of payors, union health and welfare funds, and individual consumers, in a reverse payment pharmaceutical class action, even though the class, when certified, contained more than a small number of uninjured class members. Read more >>
5th Circuit Affirms Dismissal of Monopolization Claim Against General Motors
On Jan. 27, 2015, the 5th U.S. Circuit Court of Appeals affirmed the dismissal of a lawsuit brought by an auto parts retailer, Felder’s Collision Parts, against General Motors and its distributor, All Star, alleging that GM attempted to monopolize the market for collision parts through an unlawful predatory pricing scheme. Read more >>
Settlement Reached in High-Tech Employees Non-Solicitation Cases
On Jan. 15, 2015, plaintiffs filed a motion for preliminary approval of a $415 million settlement for claims brought by employees of Silicon Valley technology companies alleging that the defendants had entered into agreements not to solicit each other’s employees. Read more >>
9th Circuit Applies Antitrust Exemption in San Jose MLB Team Relocation Case
In City of San Jose v. Office of the Commissioner of Baseball, the 9th U.S. Circuit Court of Appeals applied the judge-made antitrust exemption for baseball to bar a challenge by the City of San Jose, California to a rule adopted by Major League Baseball that three-quarters of MLB teams must approve a baseball franchise relocation. Read more >>
Massachusetts State Court Deals Significant Blow to Partners Healthcare Hospital Mergers
On Jan. 29, 2015, Massachusetts Superior Court Judge Janet Sanders rejected a proposed consent judgment that would have allowed Partners Healthcare to acquire three of its direct-competitor hospitals just north and south of Boston, while adding hundreds of doctors to the Partners network. Read more >>
FTC Releases Annual Threshold Updates for Premerger Notification Filings and Interlocking Directorates
The U.S. Federal Trade Commission announced its annually revised filing thresholds on Jan. 15, 2015. Read more >
