With
Michelle Lowery
In this month's American Bar Association Section of Antitrust Law Spring Meeting, the program "Antitrust & Health Care: Square Peg in a Round Hole?" featured debate and discussion about antitrust law treatment of health care transactions.
With
Jeffrey Brennan,
Lisa A. Peterson,
Stephen Wu
This decision is important for the many state-created entities across the United States that are controlled in whole or in part by market participants...
The NDPs in Amex's agreements with merchants prevent merchants from attempting "to induce or 'steer' a customer" from paying with non-AmEx credit cards...
The Federal Energy Regulatory Commission (FERC or the Commission) recently opted not to take action to set aside the results of a power auction that was allegedly manipulated.
Addressing whether the "sham" exception to Noerr-Pennington immunity is limited to sham litigation in courts.
The Second Circuit upheld dismissal of a putative antitrust class action challenge to a drug manufacturer’s refusal to fully supply competitors’ requested quantities.
With
Stefan Meisner,
Alison Smith
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).
With
Joseph Winterscheid
Three of the seven companies defending allegations that they violated U.S. antitrust law by agreeing not to recruit each other’s employees agreed to settle all claims against them in In re: High-Tech Employee Antitrust Litigation for a total of $20 million.
Joint Ventures/Competitor Collaboration, Naked agreements, Non-poaching, Non-solicitation
With
Christopher May,
Stefan Meisner
The U.S. District Court for the Western District of Washington became the first U.S. court to set fair, reasonable and non-discriminatory (FRAND or RAND) royalty rates and range for standard-essential patents (SEPs).
With
Stefan Meisner
"Microsoft v. Motorola" developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents.
With
Stefan Meisner
Microsoft v. Motorola is precedential only in the Western District of Washington, but at 207 thorough and well-reasoned pages, it provides a valuable roadmap and will likely be quite influential in future RAND cases in other U.S. and foreign jurisdictions.