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Antitrust and Trade Regulation Commons™

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2005

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Articles 61 - 90 of 133

Full-Text Articles in Antitrust and Trade Regulation

Schering-Plough Corp. V. Federal Trade Commission: Eleventh Circuit Rejects The Ftc’S Position On “Reverse Payments” In Patent Suit Settlements, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky Mar 2005

Schering-Plough Corp. V. Federal Trade Commission: Eleventh Circuit Rejects The Ftc’S Position On “Reverse Payments” In Patent Suit Settlements, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

In recent years, the Federal Trade Commission (“FTC” or the “Commission”) has investigated several settlement agreements between pioneer and generic drug manufacturers involving “reverse payments.” In the view of the FTC, reverse payments are cash that a pioneer drug manufacturer pays to a generic manufacturer who has challenged the patent(s) protecting the pioneer drug, in exchange for the generic manufacturer’s agreement to delay market entry. Such payments sometimes occur in the settlement of patent infringement actions. The Commission has been extremely skeptical of reverse payments, viewing them as objective indicia of intent to illegally share monopoly profits that the delayed …

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Spanish Competition Tribunal Rejects Price Squeeze Allegations In Relation To Mobile Vpn Services, Axel Desmedt, Pablo Charro Mar 2005

Spanish Competition Tribunal Rejects Price Squeeze Allegations In Relation To Mobile Vpn Services, Axel Desmedt, Pablo Charro

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On December 20 and 22, the Spanish Competition Tribunal (Tribunal de Defensa de la Competencia, or TDC) dismissed three actions that were brought by Uni2 and WorldCom (both alternative fixed operators) against the three Spanish mobile operators (Telefonica Moviles, Vodafone, and Amena) for abuse of a dominant position. The complaints alleged that the three mobile operators applied a price squeeze on the corporate market segment and discriminatory pricing practices as regards mobile termination services. In particular, according to Uni2 and WorldCom, during the period of 2000-2002, the three Spanish mobile operators offered retail services to corporate clients (including pricing terms …

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From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs Mar 2005

From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs

ExpressO

Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant." This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a law of their own creation. The standard history …

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Antitrust And Competition Law Update, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky, Janet Durholz Ridge Mar 2005

Antitrust And Competition Law Update, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky, Janet Durholz Ridge

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

The US Federal Trade Commission(FTC) has announced sweeping changes to the Hart-Scott-Rodino (HSR) Act premerger reporting rules, including those governing transactions involving partnerships and LLCs, that will come into effect on April 6, 2005. See 70 Fed. Reg. 11526 (March 8, 2005). In addition to reconciling the HSR analysis of LLCs, partnerships and other unincorporated entities with that of corporations, the new rules will make a number of technical adjustments and codify some informal FTC interpretations. The changes will make some transactions reportable that have historically be exempt; this effect will be offset to some extent by new exemptions from …

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Antitrust And Competition Law Update: Tetra Laval--A Landmark Judgement On Ec Merger Control, Ulrich Quack, Claus-Dieter Ehlermann, James Burling, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky Mar 2005

Antitrust And Competition Law Update: Tetra Laval--A Landmark Judgement On Ec Merger Control, Ulrich Quack, Claus-Dieter Ehlermann, James Burling, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On 15 February 2005, the European Court of Justice (ECJ) dismissed the European Commission’s appeal in the Tetra Laval/Sidel merger case.2 The ECJ’s judgment establishes two significant principles that apply beyond the facts of this particular case:The judgment confirms that the Court of First Instance (CFI) for all practical purposes will continue to be the ultimate arbiter of disputes about the Commission’s use of evidence and economic assessment in merger control proceedings. The ECJ has signaled that it will generally not entertain appeals asserting that the CFI engaged in excessive scrutiny of the Commission’s assessment and therefore overstepped the permissible …

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Mario Monti’S Legacy For Competition Policy In Article 82, Claus-Dieter Ehlermann, John Ratliff Mar 2005

Mario Monti’S Legacy For Competition Policy In Article 82, Claus-Dieter Ehlermann, John Ratliff

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Commissioner Mario Monti’s impact on Article 82 of the EC Treaty during his period as EC Competition Commissioner has not been as revolutionary as his impact on other areas of EC competition law. Nonetheless, the European Commission has done serious work on Article 82 cases, notably taking several important decisions: Microsoft in the area of refusal to supply and tying and Michelin II on rebates. The European Court of Justice (ECJ) and the Court of First Instance (CFI) have also made important contributions to the law on Article 82 with their judgments in IMS Health and in appeals from these …

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Major Events And Policy Issues In Ec Competition Law 2003-2004 Part 2, John Ratliff Mar 2005

Major Events And Policy Issues In Ec Competition Law 2003-2004 Part 2, John Ratliff

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

This paper is the second and final part of the overview of ‘‘Major Events and Policy Issues in EC Competition law in 2004’’, following from last month’s journal. This part of the paper is divided into three sections: (1) Recent Commission decisions on cartels, co-operation, distribution and abuse of dominant position, including notably the Microsoft decision; (2) an outline of current policy issues, including possible extension of in-house privilege and possible Art.82 EC guidelines; (3) a survey of some areas of particular interest.Notably, the Commission’s recent drive topromote cempetition in the liberal professions with a decision involving Belgian Architects; recent …

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The 2005 Communications Act Of Unintended Consequences, Daniel Brenner Mar 2005

The 2005 Communications Act Of Unintended Consequences, Daniel Brenner

Federal Communications Law Journal

No abstract provided.

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The Contrasting Policies Of The Fcc And Ferc Regarding The Importance Of Open Transmission Networks In Downstream Competitive Markets, Harvey Reiter Mar 2005

The Contrasting Policies Of The Fcc And Ferc Regarding The Importance Of Open Transmission Networks In Downstream Competitive Markets, Harvey Reiter

Federal Communications Law Journal

The Federal Energy Regulatory Commission ("FERC") and the Federal Communications Commission ("FCC") have undergone a remarkable role reversal. After years of resistance to the very notion of competition in the electric and gas industries, FERC has, with considerable vigor and consistency spanning nearly two decades, promoted policies to open access both to gas pipeline and high voltage electric transmission networks to downstream competitors of the network owners. FERC has stated plainly and repeatedly that the underpinning of these policies is that open access is essential to the protection of competition in the sale of the largely deregulated services reliant upon …

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Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel Mar 2005

Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

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Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley Mar 2005

Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley

Federal Communications Law Journal

No abstract provided.

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Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer Mar 2005

Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer

Federal Communications Law Journal

No abstract provided.

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The Broadcast Flag: It's Not Just Tv, Wendy Seltzer Mar 2005

The Broadcast Flag: It's Not Just Tv, Wendy Seltzer

Federal Communications Law Journal

No abstract provided.

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Time For Change On Media Cross-Ownership Regulation, John F. Sturm Mar 2005

Time For Change On Media Cross-Ownership Regulation, John F. Sturm

Federal Communications Law Journal

No abstract provided.

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Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest Mar 2005

Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest

Federal Communications Law Journal

No abstract provided.

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My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner Mar 2005

My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner

Federal Communications Law Journal

No abstract provided.

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Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page Mar 2005

Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page

UF Law Faculty Publications

In antitrust litigation, the factual complexity and economic nature of the issues involved require the presentation of economic expert testimony in all but a few cases. This dependence on economics has increased in recent years because of the courts' narrowing of per se rules of illegality and the courts' expansion of certain areas of factual inquiry. At the same time, however, courts have limited the scope of allowable expert testimony through the methodological strictures of Daubert and its progeny and through heightened sufficiency requirements. In this Article, Professors Page and Lopatka make four important points about these judicially imposed constraints …

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Communications Policy For The Next Four Years, Conrad Burns Mar 2005

Communications Policy For The Next Four Years, Conrad Burns

Federal Communications Law Journal

No abstract provided.

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Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv Mar 2005

Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv

Federal Communications Law Journal

No abstract provided.

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Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan Mar 2005

Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan

Federal Communications Law Journal

With the advent of digital TV, many homes in the U.S. are now on the cutting edge of what is likely to be a sea change in how this country watches TV. While these homes can now begin to enjoy the numerous benefits of the technology, regulators and industry experts are working to craft responses to problems, both actual and anticipated, that the technology creates. Mindful of the piracy issues that came with the popularity of digital file formats in the music industry, the FCC addressed piracy in the digital TV context by endorsing the use of "broadcast flags" on …

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What Do Exit Polls And Flu Vaccine Shortages Have In Common?, Albert A. Foer, Robert H. Lande, F.M. Scherer Feb 2005

What Do Exit Polls And Flu Vaccine Shortages Have In Common?, Albert A. Foer, Robert H. Lande, F.M. Scherer

All Faculty Scholarship

What do exit polls and flu vaccine shortages have in common? Both involve situations where society has come to rely excessively on too few entities. When even one company makes a mistake society can suffer significantly. This short piece advocates that we abandon our almost laissez faire tolerence towards high concentration, and rely upon competition, rather than on monopoly or a small number of producers.

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Antitrust And Competition Law Update: Hsr Filing Thresholds Increased For Inflation Acquisitions Unreportable Up To $53.1 Million Effective March 2, 2005, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky, Janet Durholz Ridge Feb 2005

Antitrust And Competition Law Update: Hsr Filing Thresholds Increased For Inflation Acquisitions Unreportable Up To $53.1 Million Effective March 2, 2005, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky, Janet Durholz Ridge

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

For the first time since the passage of the HSR Act in 1976, the Federal Trade Commission has published new HSR thresholds adjusted for inflation, slightly reducing the overall number of transactions that will require premerger notification filings. The new, higher thresholds will become effective on March 2, 2005. See 70 F.R. 5020 (January 31, 2005). These threshold raises match changes in the gross national product, and will be readjusted annually going forward, as required by the 2000 amendments to the Hart-Scott-Rodino Antitrust Act of 1976. As of the effective date, acquisitions will be reportable under the HSR Act only …

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Implications Of The Court Of First Instance’S Microsoft Order, Sven Völcker, Cormac O'Daly Feb 2005

Implications Of The Court Of First Instance’S Microsoft Order, Sven Völcker, Cormac O'Daly

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On 22 December 2004, the President of the European Court of First Instance issued an order rejecting Microsoft’s application for a suspension of the remedies imposed by the European Commission in its decision of 24 March 2004, effectively forcing Microsoft to provide interoperability information to rival server operating systems suppliers, and to offer an “unbundled” version of its Windows operating system without the Windows Media Player. The President found that, while Microsoft had established a prima facie case on the merits, it had not proved that it would suffer serious and irreparable harm from immediate implementation of the remedies ordered …

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Major Events And Policy Issues In Ec Competition Law, 2003–2004 (Part 1), John Ratliff Feb 2005

Major Events And Policy Issues In Ec Competition Law, 2003–2004 (Part 1), John Ratliff

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

This paper is designed to offer an overview of the major events and policy issues related to Arts 81, 82 and 86 EC in the last year. The paper follows the format of previous years and is divided into three sections: — A general overview of major events (legislation and notices, European Court cases and European Commission decisions). — Anoutlineofcurrent policy issues, including legal privilege, private actions and Art.82 guidelines. — Discussion of certain areas of specific interest, notably competition and the liberal professions, energy, sport and media and certain international issues.

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Antitrust And Competition Law Update: Brazil Adjusts Merger Notification Thresholds, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky, Janet Ridge Jan 2005

Antitrust And Competition Law Update: Brazil Adjusts Merger Notification Thresholds, Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky, Janet Ridge

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Brazilian merger notification requirements, traditionally a major hurdle for multinational mergers, have just become less burdensome. In an unexpected development last Wednesday, the Brazilian antitrust authority (“CADE”) announced a new interpretation of the Brazilian merger notification thresholds that may reduce foreign merger filings in Brazil by more than 90%. CADE reversed 10 years of precedent by declaring that, in line with the approach of many other jurisdictions worldwide, the Brazil notification threshold of 400 million Reales should henceforth be assessed in terms of Brazilian turnover rather than worldwide turnover. (ADC Telecommunications Inc. / Krone International Holding Inc., announced January 19, …

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Information Exchanges Between Competitors: The Italian Competition Authority’S Recent Practice, Antonio Capobianco, Stefano Fratta Jan 2005

Information Exchanges Between Competitors: The Italian Competition Authority’S Recent Practice, Antonio Capobianco, Stefano Fratta

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

In 2004, two cases on exchanges of information between competitors were decided by the Italian competition authority (“AGCM” – the Autorità Garante per la Concorrenza ed il Mercato). This revived a lively debate on the conditions in which these practices should be prohibited and whether they are anticompetitive per se. Over the years, the AGCM has taken a firm stand against such practices, in some cases beyond that taken by the European Commission and the European Court. This article reviews the rules and outlines the innovative approach that the AGCM has recently adopted.

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The Evolution Of A European Competition Law Network, David J. Gerber Jan 2005

The Evolution Of A European Competition Law Network, David J. Gerber

All Faculty Scholarship

No abstract provided.

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90 Years And Two Days In Forty-Five Minutes, Stephen Calkins Jan 2005

90 Years And Two Days In Forty-Five Minutes, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

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Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep Jan 2005

Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep

UIC Law Review

No abstract provided.

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Adjudicating International Trade Cases At The U.S. Commerce Department: Endless Remand Or Balanced Resolve?, 39 J. Marshall L. Rev. 59 (2005), Elizabeth C. Seastrum, Matthew D. Walden Jan 2005

Adjudicating International Trade Cases At The U.S. Commerce Department: Endless Remand Or Balanced Resolve?, 39 J. Marshall L. Rev. 59 (2005), Elizabeth C. Seastrum, Matthew D. Walden

UIC Law Review

No abstract provided.

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