Antitrust Lawyer Blog

On September 20, 2012, Canada’s Competition Bureau published the final version of its Enforcement Guidelines on the abuse of dominance provisions (sections 78 and 79) of the Competition Act. The Competition Bureau’s release of the Enforcement Guidelines replaces all of the Bureau’s previous publications on the abuse of dominance provisions. Abuse of dominance occurs when…

At Georgetown Law’s 6th Annual Global Antitrust Enforcement Symposium on September 19, 2012, FTC Chairman Jon Leibowitz raised critical concerns about the recent anti-competitive practices of firms regarding the use of technology and IP patents.In particular, he denounced the growing use of International Trade Commission (“ITC”) exclusion orders as a threat by patent holders to…

On September 4, 2012, the Antitrust Division announced that 3M Co. abandoned its plan to acquire Avery Dennison Corp.’s Office and Consumer Products Group after the Division informed 3M that it would sue to block the transaction.3M Response Later that day, 3M responded that it has only withdrawn its notification form filed under the Hart-Scott-Rodino…

On August 22, 2012, the FTC commissioners voted 5-0 to close its investigation of Facebook’s acquisition of Instagram without any action.Background In April of 2012, Facebook, an internet social media platform, announced it would acquire Instagram, the developer of a photo-sharing application and a company with no revenues.The FTC issued a second request to scrutinize…

On August 6, 2012, the FTC settled a case against Renown Health, the largest provider of acute medical care in northern Nevada, related to allegations that Renown Health reduced competition in the adult cardiology market in Reno, Nevada through two allegedly anticompetitive acquisitions and the use of anticompetitive non-compete clauses.Competitive Problem Through Renown Health’s acquisitions…

On July 31, 2012, the Federal Trade Commission (Commission) issued a statement withdrawing the Commission’s nine-year-old Policy Statement on Monetary Equitable Remedies in Competition Cases (Policy Statement). The statement’s withdrawal was approved on a 4-1 split vote, with Commissioner Maureen K. Ohlhausen casting the lone no vote and issuing a dissenting opinion.The 2003 Policy Statement…

On July 16th, the Third Circuit Court of Appeals ruled that pharmaceutical “pay-for-delay” settlements whereby cash is paid from a patent holding company to a generic manufacturer that agrees not to enter a market as prima facie evidence of an antitrust violation. The Third Circuit rejects the more lenient standard adopted by the other Circuit…

On June 27th, 2012, the 7th Circuit established elements extending the reach of United States antitrust law to certain cases where foreign companies engage in anticompetitive conduct outside the United States. (Minn-Chem, Inc., et al., v. Agrium Inc., No. 10-1712, slip op. (7th Cir. June 27, 2012)).Background In Minn-Chem, indirect U.S. potash purchasers alleged price-fixing…