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Searching Content from United States indexed under Anti-trust/Competition Law ordered by Published Date Descending.
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1
United States Supreme Court Upholds Rejection Of The Government's Antitrust Challenge To American Express' Merchant Contracts
On June 25, 2018, the U.S. Supreme Court, in a 5-4 decision by Justice Thomas, held that provisions in American Express Company's ("American Express") and its operating subsidiary's contracts with merchants that restricted the ability of these merchants to steer customers to other credit or charge cards did not violate the Sherman Act
United States
20 Jul 2018
2
Supreme Court Nominee Brett Kavanaugh's Antitrust Record
On July 9, 2018, President Trump announced the nomination of DC Circuit Judge Brett Kavanaugh to fill Anthony Kennedy's seat on the US Supreme Court, in light of Justice Kennedy's retirement effective July 31, 2018.
United States
20 Jul 2018
3
State Attorneys General Investigate Fast Food Franchisor "No Poach" Agreements
The Attorneys General of ten states are investigating fast food franchisors for their alleged use of "no poach" provisions in their franchise agreements ...
United States
18 Jul 2018
4
New Types Of Section 337 Investigations At The International Trade Commission
Most Section 337 investigations allege violations of intellectual property ("IP") based rights involving patent, registered trademark, or registered copyright infringement ("statutory IP claims").
United States
18 Jul 2018
5
Don't Try To Enforce Forum Selection Clauses At The ITC
A recent decision by the International Trade Commission ("ITC") in Investigation No. 337-TA-1091
United States
16 Jul 2018
6
Does Kavanaugh's Dissenting Opinion In An Antitrust Case Portend His Views On Abortion?
Judge Kavanaugh dissented from the majority's opinion in that case, and he was criticized by the majority for not properly respecting Supreme Court precedent.
United States
16 Jul 2018
7
Ohio v. American Express: The Supreme Court Credits American Express's Anti-Steering Provisions
In a 5-4 decision in Ohio v. American Express, the Supreme Court affirmed that the anti-steering provisions of American Express's merchant agreement do not violate Section 1 of the Sherman Act.
United States
16 Jul 2018
8
8-in-8 Recent Trends in European Law and Policy Alert Series: Competition and Big Data—Recent Developments in Europe
This is the seventh issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across the Atlantic. Attorneys from across various practice groups at the firm will offer their take on issues ranging from Brexit to Big Data to EU energy market regulation.
European Union
16 Jul 2018
9
United States Supreme Court Upholds Rejection Of The Government's Antitrust Challenge To American Express' Merchant Contracts
On June 25, 2018, the U.S. Supreme Court, in a 5-4 decision by Justice Thomas, held that provisions in American Express Company's ("American Express") and its operating subsidiary's contracts ...
United States
13 Jul 2018
10
FTC Plans Big Ol' Hootenanny
The Federal Trade Commission (FTC or Commission), responding to what it calls "broad-based changes in the economy, evolving business practices, new technologies...
United States
13 Jul 2018
11
New Slack-Fill Class Action Gets To The Pint
In July 2017, Halo Top became the best-selling ice cream brand in the United States.
United States
13 Jul 2018
12
Sample Antitrust Risk-Shifting Provisions In M&A Transactions--2018 Edition
This note updates and expands the sample of antitrust-related provisions in M&A agreements over the one we posted in November 2014.
United States
10 Jul 2018
13
Consumer Protection: Ninth Circuit Tosses Injunction Claims For Allegedly Misleading Labels Based On Lack Of Standing
In Lanovaz v. Twinings North America, Inc., the Ninth Circuit affirmed the district court's order granting summary judgment for tea maker Twinings on a consumer's claims for injunctive relief...
United States
9 Jul 2018
14
How Smart Is The Proposed Merger Review SMARTER Act?
On May 9, the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act passed the House of Representatives by a 230-185 vote.
United States
6 Jul 2018
15
Putting The Declaratory Judgment Cart Before The Hatch-Waxman Horse
In a case involving intellectual property, antitrust and constitutional law, the US Court of Appeals for the Federal Circuit upheld dismissal of a declaratory judgment action ...
United States
6 Jul 2018
16
Did You Know The ‘Plausibility' Standard Can Be Used For More Than Pleading Antitrust Claims?
Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article published in the Global Competition Review's "The Antitrust Review of the Americas 2018." ...
United States
5 Jul 2018
17
The Cost Of Doing Business: Supreme Court Vacates Chinese Defendants' Antitrust Win
In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the defendants in an anticompetition matter—who were China-based manufacturers of vitamin C—claimed that Chinese law required them to coordinate prices and export volumes.
United States
5 Jul 2018
18
U.S. Supreme Court Rejects Second Circuit's Conclusive Reliance On Chinese Interpretation Of Its Own Law
Is a federal court determining foreign law required to treat as conclusive a submission from a foreign government interpreting its law?
United States
5 Jul 2018
19
New Lower UK Thresholds For Scrutiny Of Mergers Affecting National Security
Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving...
United States
3 Jul 2018
20
Antitrust Litigation Update For Health Care Providers
In this Special Report, we highlight notable trends in antitrust litigation involving health care providers over the past two and a half years.
United States
2 Jul 2018
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