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Antitrust Lawyer Blog

FTC Patent Rules Overcome PhRMA’s Challenge
Doyle, Barlow & Mazard PLLC

On May 30, 2014, the federal district court of the District of Columbia, Judge Beryl Howell upheld the Federal Trade Commission’s (“FTC”) newly adopted HSR rule governing reporting of transfers of certain exclusive patent rights in the pharmaceutical industry. The rule was adopted in November of 2013.  The Pharmaceutical Research and Manufacturers of America (“PhRMA”) trade…

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Japanese Auto Part Executive Indicted on Cartel Conspiracy and Destruction of Evidence
Doyle, Barlow & Mazard PLLC

On May 27, 2014, Hitoshi Hirano, an executive of car heater panel manufacturer Tokai Rika, was indicted to fix the price of auto parts with other Japanese parts manufacturers. In addition, Mr. Hirano was charged with persuading company employees to destroy records that would reveal the conspiracy. According to the indictment, Mr. Hirano learned of…

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FTC Patent Report Rules Overcome Summary Judgment
Doyle, Barlow & Mazard PLLC

On May 30, 2014, Judge Beryl Howell of the federal district court of the District of Columbia upheld the Federal Trade Commission’s (“FTC”) newly adopted HSR rule governing reporting of transfers of certain exclusive patent rights in the pharmaceutical industry. The rule was adopted in November of 2013.  The Pharmaceutical Research and Manufacturers of America…

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FTC Approves Combination of Men’s Wearhouse and Jos. A. Bank Without Conditions
Doyle, Barlow & Mazard PLLC

On May 30, 2014, the Federal Trade Commission (“FTC”) approved the merger between Men’s Wearhouse and Jos. A. Bank, the two largest men’s wear companies without any conditions. On January 28, 2014, the FTC issued a second to request to review the transaction.  After approximately four months, the FTC determined that ample competition existed in…

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Brazil Antitrust Agency Slap Record Fine on Cement & Concrete Cartel
Doyle, Barlow & Mazard PLLC

On May 29, 2014, Brazilian antitrust agency, Conselho Administrativo de Defesa Econômica (“CADE”) maintained a record fine of 3.1 billion Brazilian reais (around $1.4 billion), on top of mandatory asset divestitures, against the members of a long-running cement and concrete cartel that has allegedly inflated the price of cement and concrete products by as much…

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South Korea Railway Officials Under Scrutiny for Irregularities
Doyle, Barlow & Mazard PLLC

On May 29, South Korea’s  Yonhap news agency reported that the country’s Prosecutor’s Office has seized documents from the Korea Rail Network Authority (“KR”), to investigate bribery and irregular supply relationships by three to four rail part manufacturers that provided supplies to KR. In addition, some rail parts manufacturers are being accused of counterfeiting certificates…

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GSK Employees in China Sue Management Over Unreimbursed Bribes
Doyle, Barlow & Mazard PLLC

On May 28, 2014, the Financial Times (“FT”) reported that junior employees and sale staff of GlaxoSmithKline (“GSK”) China is suing their management over unreimbursed “bribes” paid, at the management’s behest, to hospitals and doctors. In the allegations put forth by the employees, the management of GSK China directed staff to purchase fake receipts to…

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Japanese Auto Part Makers Appeal U.S. Court Ruling on Industry-wide Conspiracy
Doyle, Barlow & Mazard PLLC

On May 27, 2014, the attorneys of Japanese auto part companies filed a motion in a federal court in Michigan, indicating they will appeal to the Sixth Circuit Court of Appeals a ruling made by U.S. District Judge Marianne Battani that established a premise that an industry-wide cartel conspiracies existed among Japanese auto part makers.…

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FTC’s Bureau of Competition Brings in New Management Blood
Doyle, Barlow & Mazard PLLC

On May 6, 2014, the Bureau of Competition (“BC”) of the Federal Trade Commission (“FTC”) announced several personnel changes in its management. There are two new Deputy Assistant Directors for the Anticompetitive Practices Division, which handles the BC’s enforcement efforts against anticompetitive conduct in industries other than health care. Descriptions of experience by the FTC:…

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Samsung Reaches Agreement with the EC on SEP Injunctions
Doyle, Barlow & Mazard PLLC

On April 29, 2014, the European Commission (“EC”) announced that it has reached a legally-binding agreement with Samsung on standard essential patent (“SEP”) injunctions. According to the terms of the agreement, Samsung “will not seek injunctions” in the EU on the basis of its SEPs for smartphones and tablets against licensees who sign up to…

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