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European Antitrust Watchdogs Warn Of Uncertain Future For Pay-For-Delay Settlements

				
Posted  02/10/15
								

				 
								 				A View from Constantine Cannon鈥檚 London Office

By Irene Fraile

A recent lively discussion with European Commission competition officials indicates that antitrust enforcement is continuing to evolve to deal with the thorny issues raised by so-called 鈥渞everse-payment鈥� or 鈥減ay-for-delay鈥� patent litigation settlements designed to delay the sale of generic drugs.

On January 29, 2015, Brussels Matters...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Policy, 
													  Intellectual Property Law and Antitrust, 
												
						

					
	
								
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European Commission Fines London-Based Broker ICAP 14.9 Million Euros For Facilitating Yen Libor Cartels

				
Posted  02/9/15
								

				 
								 				A View from Constantine Cannon鈥檚 London Office

By Yulia Tosheva and James Ashe-Taylor

The European Commission (鈥淓C鈥�)  London-based ICAP, the world鈥檚 largest broker of interest-rate swaps, for facilitating bank cartels in the market for Yen-denominated interest rate derivatives.

The EC already imposed heavy fines of 669 million euros on UBS, the Royal Bank of Scotland, Deutsche Bank, Citigroup...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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The Antitrust Week in Review

				
Posted  02/8/15
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.聽 Staples and Office Depot are hoping to convince antitrust regulators that their $6.3 billion merger should be approved because the office supply world鈥檚 a different place from what it was in 1997, when their previous attempt to combine...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
												
						

					
	
								
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Fifth Circuit Rejects Jury Verdict Of Quarter Horse Conspiracy, Finding Elite Animal Registries To Be A Horse Of A Different Color

				
Posted  02/4/15
								

				 
								 				By Seth D. Greenstein

A panel of the U.S. Court of Appeals for the Fifth Circuit has  a jury鈥檚 verdict that a horse breeding association illegally conspired with some of its members to exclude genetically cloned horses from its elite quarter horse breeding registry, holding the plaintiffs鈥� circumstantial evidence was insufficient to rebut an inference of independent conduct.

The court in 				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
												
						

					
	
								
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Sysco May Be Selling 鈥淔ix-it-First鈥� To Save Food Distributors鈥� Merger, But FTC May Not Be Buying

				
Posted  02/3/15
								

				 
								 				By Allison F. Sheedy

Sysco Corp. announced a divestiture plan this week that it claims should address concerns of the Federal Trade Commission (the 鈥淔TC鈥�) about the food behemoth鈥檚 proposed acquisition of US Foods, which would combine the two largest food distributors in the United States.

Sysco, the nation鈥檚 largest food distributor,  on Monday that it is prepared to sell 11 US Foods distribution...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Monopolization, 
												
						

					
	
								
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Massachusetts Court Unsettles Partners鈥� Hospital Merger By Nixing Consent Judgment

				
Posted  02/2/15
										

						By						  
													Daniel Vitelli	
												
									

				 
								 				A Massachusetts state court on Thursday derailed the settlement of a challenge to the proposed merger of Partners Health System with rivals South Shore Health and Educational Corp. (South Shore Hospital) and Hallmark Health Corp. (Lawrence Memorial Hospital and Melrose-Wakefield Hospital) by taking the unusual step of  negotiated by the state鈥檚 top antitrust enforcer.

Suffolk...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
												
						

					
	
								
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The Antitrust Week in Review

				
Posted  02/2/15
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.聽 Federal courts often find the extent to which U.S. antitrust laws have a global reach to be one of the thorniest issues to deal with.聽 The U.S. Court of Appeals for the Second Circuit is wrestling with this issue as it reviews a $147.8 million...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
												
						

					
	
								
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Baseball Antitrust Exemption Extends 93-Year Winning Streak In Federal Courts

				
Posted  01/21/15
								

				 
								 				By Nneka Ukpai

Although federal courts may consider baseball鈥檚 antitrust exemption to make about as much sense as the , last week鈥檚 decision by the U.S. Court of Appeals for the Ninth Circuit in  shows that courts still consider themselves bound to invoke that anachronistic exemption to call antitrust plaintiffs out.

According to a three-judge panel...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
												
						

					
	
								
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European Commission Announces Agreement To Cap Interchange Fees For Card-Based Payments

				
Posted  01/7/15
								

				 
								 				A View from Constantine Cannon鈥檚 London Office



By Yulia Tosheva and聽James Ashe-Taylor

The European Commission  that the European Parliament and the European Council have reached a long-awaited political agreement on the Commission鈥檚 proposal for a Regulation on Interchange Fees for Card-based Payment Transactions.

The Regulation will introduce maximum fees for four-party card schemes鈥�...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Legislation, 
													  Antitrust Litigation, 
													  International Competition Issues, 
													  Price Fixing, 
												
						

					
	
								
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Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents

				
Posted  01/5/15
								

				 
								 				By David Golden

The ongoing battle over what constitutes a 鈥渞easonable鈥� licensing royalty for standard-essential patents has now been joined by the U.S. Court of Appeals for the Federal Circuit with its decision in Ericsson, Inc. v. D-Link Systems, Inc., concerning the alleged infringement of patents essential to the ubiquitous Wi-Fi networking technology.

This definitional battle is also being fought in...				 
				 					 

						
Tagged in:
													  Intellectual Property Law and Antitrust, 
												
						

					
	
								
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