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January 7, 2006 10:00 PM Sheppard Mullin Antitrust Blog January Edition - Update
May 17, 2005 9:44 PM Sheppard Mullin Antitrust Blog May Edition - Updated
May 6, 2005 7:01 PM Sheppard Mullin Antitrust Blog May 2005 Edition
April 7, 2005 10:10 PM Sheppard Mullin Antitrust Blog April 2005 Edition

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September 18, 2007 4:58 PM About Us
February 5, 2005 10:27 PM James M. Burgess - Partner
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Article

May 7, 2008 7:43 PM D.C. Circuit Overturns FTC Rambus Decision
May 7, 2008 7:31 PM Competitors of Copier Equipment Provider Entitled to a "Kodak Moment" in Alleging a Single Provider Relevant "Aftermarket" in Avoiding a Motion to Dismiss
May 7, 2008 7:10 PM Defendant Sleep Mask Manufacturer Can Sleep Well After Court Puts Exclusive Dealing Claims To Bed
May 7, 2008 5:42 PM Not Its Beer of Choice: Canada's Competition Commissioner Cannot Stop the Tap on Beer Merger and Must Swallow Own Production Subpoenas
April 7, 2008 1:54 PM European Commission Publishes Proposals to Encourage Private Antitrust Litigation in the EU
April 7, 2008 1:49 PM DOJ Statement On Satellite Radio Merger Provides Guidance For Future Mergers
April 7, 2008 1:42 PM Private Civil Lawsuits Under China Anti-Monopoly Law
April 7, 2008 1:31 PM Antitrust Class Action Monopolization Claims Against eBay Will Proceed; Tying Arrangement Claims Dismissed
March 12, 2008 3:04 PM Competitors of Copier Equipment Provider Entitled to a "Kodak Moment" in Alleging a Single Provider Relevant "Aftermarket" in Avoiding a Motion to Dismiss
March 12, 2008 3:00 PM FDA Citizen Petition Found To Be Objectively Baseless
March 12, 2008 2:36 PM The Fourth Circuit Court of Appeals Upholds Most of the State of Washington's Regulations on the Sales of Alcoholic Beverages
February 7, 2008 4:17 PM FTC Finds Patent Holder's Refusal to Honor Licensing Agreements on Technology Adopted by Standard Setting Organization Unlawful
February 7, 2008 4:13 PM Court Dismisses Short Sellers' Price-Fixing Claims
February 7, 2008 4:01 PM In a Case Alleging an Illegal Tie "Zero Foreclosure" Means "Zero Case" Duh
February 7, 2008 3:52 PM Two Recent Circuit Court of Appeals Decisions Addressing Standing Under The Antitrust Laws
February 7, 2008 3:38 PM New Filing Thresholds for HSR Act Premerger Notifications
January 9, 2008 2:29 PM Yes, We Really Do Have Amnesty
January 9, 2008 2:05 PM Quizno's Franchisees Do Not "Get It Their Way"
December 6, 2007 6:32 PM Court Dismisses Indictment Against Stolt-Nielsen
December 6, 2007 6:19 PM Ninth Circuit Holds Price Squeeze Claims Survive Trinko
December 6, 2007 5:48 PM The Rules are the Rules: DOJ Obtains Fine for Insubstantial Noncompliance with HSR Act
November 14, 2007 1:48 PM The Current Anti-monopoly System of China and Impact of New Anti-monopoly Law
November 14, 2007 1:14 PM Monopoly Money
November 14, 2007 1:07 PM California Court of Appeal Holds That Restitution Is Available Under The Unfair Competition Law Where Plaintiff Made No Direct Payments To The Defendants
November 14, 2007 12:43 PM Fifth Circuit Upholds Hearst's Termination of Newspaper Distributors
October 8, 2007 7:59 PM European Court Refuses to Extend Professional Privilege to In-House Lawyers
October 8, 2007 7:51 PM Second Circuit Applies Twombly To Dismiss Detailed Allegations Of Antitrust Conspiracy
October 8, 2007 7:38 PM Broken Promise to Standard-Setting Organization May Be Anticompetitive, Third Circuit Rules
September 11, 2007 6:50 PM China Joined World Anti-monopoly Club
August 6, 2007 5:36 PM British Airways, Korean Air Lines to Plead Guilty to Passenger and Cargo Price-Fixing Conspiracies
August 6, 2007 5:18 PM FTC SUES TO BLOCK WHOLE FOODS/WILD OATS MERGER: DO PREMIUM ORGANIC SUPERMARKETS COMPRISE THEIR OWN MARKET?
August 6, 2007 4:58 PM Class Action Complaint Passes Twombly's Stricter Pleading Test, Stinging Syringe Maker
July 5, 2007 5:45 PM Supreme Court Overrules 96 Year-Old Rule in Dr. Miles and Holds Vertical Price Agreements Are Neither Per Se Illegal Nor Per Se Legal, But Subject to Case-By-Case Test
July 5, 2007 5:36 PM IPO Underwriters Win Broad Antitrust Immunity In Supreme Court
June 6, 2007 8:20 PM Plaintiffs Plead Your Plus Factors: Supreme Court Steps Up Antitrust Conspiracy Pleading Requirements
June 6, 2007 8:17 PM In Re: Tableware Antitrust Litigation
June 6, 2007 8:08 PM Covenant not to Sue and its Technology Monopoly Impact
June 6, 2007 8:06 PM Taxicab Company's Section 1 Challenge to Exclusive Dealing at Airport Yields No Fare
June 6, 2007 8:02 PM Massive Trades May Reveal Copper Conspiracy
June 6, 2007 8:01 PM CALIFORNIA ANTITRUST AND UNFAIR COMPETITION LAW
May 7, 2007 12:35 PM CHINA PREMERGER NOTIFICATION RULES
May 7, 2007 12:26 PM Antitrust Modernization Commission Submits Report to the President and the Congress of the United States
May 7, 2007 12:24 PM Judge Sullivan Approves SBC/AT&T and MCI/Verizon Mergers
May 7, 2007 12:15 PM Scent of a Claim: Canada's Competition Tribunal Holds Sears' Refusal to Deal Action Lacks Substance
April 5, 2007 8:02 PM The Federal Trade Commission Splits On Whether It Could/Should Order Mandatory Licensing With Zero Royalties
April 5, 2007 7:49 PM Sixth Circuit Examines Functional Availability of Market Share Discount Programs and Finds No Price Discrimination in Same
April 5, 2007 7:42 PM EC Warns Microsoft of Further Penalties over Unreasonable Pricing as Interoperability Information Lacks Significant Innovation
April 5, 2007 7:35 PM Vaultmaker Claims Exclusive Dealing, but SBC Need Not Accept the Charges
April 5, 2007 7:18 PM Lights Go Out For Remaining Plaintiffs In California Wholesale Electricity Antitrust Cases
March 7, 2007 2:09 PM Foreign Plaintiffs Challenging Global Cartels Strike Out Again In U.S.
March 7, 2007 1:50 PM Federal Circuit Holds Threats of Infringement Action Against Plaintiff's Customers Are Sufficient to State a Walker-Process Section 2 Claim
March 7, 2007 1:31 PM Eighth Circuit Rejects Price as Sole Determinant of Market
February 8, 2007 7:00 PM Ties That Bind Users to Their iPods Might be Anticompetitive, District Court Finds
January 8, 2007 3:00 PM European Commission Adopts Revised Leniency Notice to Reward Companies that Report Cartels
January 8, 2007 12:00 PM "Well Pleaded Conspiracy to Refuse to Deal with Distributor Survives Motion to Dismiss: The Moral: Just Because Conduct is not "Per Se" Illegal, Does Not Mean That It Is "Per Se" Legal
December 8, 2006 8:00 PM Second Circuit Affirms Dismissal of Merchant's Section One Challenges to MasterCard Rules
December 8, 2006 7:00 PM Department of Justice Issues Important Business Review Letter on Standard Setting Organization Rules Requiring Patent Disclosure
December 8, 2006 6:30 PM After Nearly 100 Years, Will The Sun Soon Set on Dr. Miles? The Supreme Court to Reconsider the Rule that Holds Vertical Price Fixing Per Se Illegal
December 8, 2006 6:00 PM Telecom Tunney Act Hearing Turns Testy
November 7, 2006 9:00 PM CONSPIRACY AND MONOPOLIZATION CLAIMS AGAINST COMCAST ARISING FROM CABLE SYSTEM SALE AND ACQUISITION TRANSACTIONS SURVIVES MOTION TO DISMISS
November 7, 2006 8:00 PM COURT DISMISSES AMD'S "FOREIGN COMMERCE CLAIMS" AGAINST INTEL FOR LACK OF SUBJECT MATTER JURISDICTION AND STANDING
October 13, 2006 3:20 PM Federal Litigators Face New Burdens in E-Data Discovery
October 6, 2006 9:00 PM TENTH CIRCUIT NOTES ECONOMIC RATIONALITY OF GROUP BOYCOTT THEORY; INSTRUCTS DISTRICT COURT TO RECONSIDER ITS GRANT OF SUMMARY JUDGMENT
October 6, 2006 8:00 PM SIXTH CIRCUIT REINSTATES MONOPOLIZATION CLAIM AGAINST 3M BASED ON EXCLUSIVE DEALING CONTRACTS
October 6, 2006 7:00 PM DEEP DISCOUNTS! NO PRICE DISCRIMINATION! (OR, IF YOU PREFER) SEVENTH CIRCUIT UPHOLDS PRICE DISCRIMINATION VERDICT
September 7, 2006 9:00 PM THE NEW ANTITRUST WIRETAPPING LAW: IS YOUR BOARDROOM GOING TO BE BUGGED?
September 7, 2006 8:00 PM FEDERAL TRADE COMMISSION DECIDES LANDMARK CASE CONCERNING MISUSE OF STANDARDS SETTING PROCESS
September 7, 2006 7:00 PM SEVENTH CIRCUIT REJECTS MONOPOLY LEVERAGING THEORY
September 7, 2006 4:00 PM FIFTH CIRCUIT REJECTS ATTEMPT TO NARROW MEETING COMPETITION DEFENSE TO PRICE DISCRIMINATION CLAIMS
September 7, 2006 3:00 PM CANADA'S FEDERAL COURT OF APPEAL ADOPTS "BUT-FOR" TEST FOR EXCLUSIVE DEALING AND ABUSE OF DOMINANT POSITION CLAIMS, CAUSALITY AND INTENDED EFFECT ON COMPETITION IRRELEVANT TO THE DETERMINATION OF "ANTI-COMPETITIVE"
August 7, 2006 10:00 PM THE SUPREME COURT: A LOOK AHEAD
August 7, 2006 9:00 PM FIRST APPLICATION OF AMENDED TUNNEY ACT REOPENS DEPARTMENT OF JUSTICE APPROVALS OF NOW COMPLETED TELEPHONE MERGERS
August 7, 2006 8:00 PM ANTITRUST TYING ARRANGEMENTS: "PER SE OR NOT PER SE - THAT IS THE QUESTION." BUYERS' REAL ESTATE AGENT FAILS TO OFFER EVIDENCE OF ANTICOMPETITIVE FORECLOSURE IN THE TIED PRODUCT MARKET.
August 7, 2006 7:00 PM CALIFORNIA COURTS FURTHER LIMIT PRIVATE UNFAIR COMPETITION ACTIONS
July 7, 2006 8:00 PM VISA USA v. First Data Corporation, et al.
July 7, 2006 7:00 PM DOJ & FTC Split on Reverse Payment Patent Settlements; Supreme Court Punts
July 7, 2006 6:00 PM Canada Debates Expanding Private Access to Competition Tribunal
July 7, 2006 5:00 PM Asserted Economic Retaliation Against Plaintiff Based on Plaintiff's Rejection of the Defendant's Sexual Advances Did Not Violate Section 1 or 2 of the Sherman Act
June 8, 2006 8:00 PM Eastern District Of California Uncertain Of Legality Of Joint Bidding Venture On Motion For Summary Judgment
June 8, 2006 7:00 PM First Circuit Largely Rejects Comcast's Efforts to Contractually Prohibit Antitrust Class Action
June 8, 2006 6:00 PM Price Gouging - An Elusive Term House Pases H.R. 5253, Seeking To Create First Federal Gasoline Price Gouging Law
June 8, 2006 5:00 PM Indirect Purchaser and Remoteness Doctrines Barred Antitrust Claims Against Microsoft by End-User Software Licensees
May 3, 2006 11:00 PM DO WE REALLY HAVE AMNESTY?: Uncertainty Remains About DOJ Corporate Leniency Program After Third Circuit Throws Out Ruling Barring Indictments Against Stolt-Nielsen And Company Executive
May 3, 2006 10:00 PM Attorney General Of The State Of Pennsylvania Cannot Invoke Federal Antitrust Law To Halt Eminent Domain Acquisition of Competitor By Regional Airport Authority
May 3, 2006 9:00 PM California Courts Bar Disgorgement of Profits Remedy In Unfair Competion Actions By Private Parties
May 3, 2006 8:00 PM To "Pledge" is to Agree and Other Lessons for Manufacturers In How to Flunk Out of Lawful Resale Price Maintenance
May 3, 2006 7:00 PM Eastern District Of Pennsylvania Finds Glaxosmithkline Patent Suits Objectively Baseless, Not Entitled To Noerr-Pennington Immunity
May 3, 2006 6:00 PM Proposed Amendments to EU Leniency Notice
March 21, 2006 8:00 PM Injury To Competition A Necessity To Assert A Sherman Act Claim
March 21, 2006 7:00 PM "Hard" Deadline For Digital Television Established
March 21, 2006 6:00 PM Supreme Court Eliminates "Patent Equals Market Power"
March 21, 2006 5:00 PM Entry Eases Merger Approval Of Hardware And Software Firms
March 21, 2006 4:00 PM A Tale Of Two Sectors: European Commission Reports On Telecoms And Energy Sectors
February 7, 2006 7:00 PM Of Justice Alito, Antitrust, And The Looking Glass
February 7, 2006 6:00 PM California Court Declines To Exercise Jurisdiction Over International Antitrust Defendants
February 7, 2006 5:00 PM European Commisssion Publishes Discussion Paper on Abuse of Dominance
February 7, 2006 4:00 PM FTC v. ABA
February 7, 2006 3:30 PM Supreme Court Adopts Restrictive View of Price Discrimination Law
January 7, 2006 6:00 PM GENERAL ELECTRIC/HONEYWELL MERGER PROHIBITION UPHELD BY EUROPEAN COURT OF FIRST INSTANCE - "CONGLOMERATE EFFECTS" ANALYSIS REPRESENTS "MANFEST ERRORS OF ASSESSMENT"
January 7, 2006 5:00 PM D.C. COURT HOLDS DIRECT PURCHASERS HAVE STANDING
January 7, 2006 4:00 PM CHANGES IN HSR NOTIFICATION RULES
January 7, 2006 3:00 PM DOJ CRITICIZES KOREA'S FTC DECISION AGAINST MICROSOFT
January 7, 2006 2:00 PM MERGING PARTIES FORECLOSED FROM OBTAINING CONFIDENTIAL GUIDANCE AND INFORMAL ADVICE FROM BRITAIN'S OFFICE OF FAIR TRADING
December 7, 2005 7:00 PM Canadian Brewery Pleads Guilty To Criminal Price Maintenance Charge
December 7, 2005 6:00 PM Reverse Payment Patent Settlements; the Second Circuit Speaks Out
December 7, 2005 5:00 PM FTC Wins First Round Of Hospital Merger Case: But A Couple More Rounds To Go
December 7, 2005 4:00 PM On Line Learning Market May Be Monopolized
December 7, 2005 3:00 PM Leading UK Private Schools Accused of Anti-Competitive Behavior
November 7, 2005 11:00 PM PG/GILLETTE MERGER INVESTIGATION: NO UP-FRONT BUYER AND CATEGORY CAPTAIN ISSUE REVIEWED
November 7, 2005 10:00 PM PENALTIES FOR FAILING TO FILE UNDER THE HSR ACT CAN BE STIFF
November 7, 2005 9:00 PM CALIFORNIA COURT OF APPEALS AFFIRMS DISMISSAL OF "UNFAIRNESS" CLAIM ON GROUND
November 7, 2005 8:00 PM NEELIE KROES SPEECH ON ARTICLE 82 POLICY REVIEW
November 7, 2005 7:00 PM NEW YORK STOCK EXCHANGE'S TERMINATION OF MEMBER DOES NOT CONSTITUTE AN ILLEGAL GROUP BOYCOTT - RULE OF REASON IS CORRECT STANDARD FOR NEW YORK STOCK EXCHANGE'S CONDUCT
November 7, 2005 6:00 PM SOUTHERN DISTRICT OF NEW YORK DISMISSES "RETURN POLICY" PRICE DISCRIMINATION THEORY
October 7, 2005 9:00 PM Patent Misuse And Antitrust Tying Analysis - Close But Imperfect Substitutes
October 7, 2005 8:00 PM Eleventh Circuit Remands Sherman Act § § 1 And 2 Challenges To Anticompetitive Patent License Agreement, Notwithstanding Noerr-Pennington Immunity To Infringement Action
October 7, 2005 7:00 PM European Competition Commissioner Advocates For Enhancing Damages For Breach Of European Antitrust Rules
October 7, 2005 6:00 PM Balloon Purchaser's Claims Set Adrift By Third Circuit
October 7, 2005 5:00 PM Antitrust Division Cracks Down On Bid Rigging
September 7, 2005 5:00 PM DC Circuit Hits High Note In "Three Tenors" Case - Petition For Review Of FTC Decision In Polygram Holding, Inc. Denied
September 7, 2005 4:00 PM FTC Challenges Non-HSR Transaction Between Hawaiian Petroleum Companies
September 7, 2005 3:00 PM UK Consults on Whether To Widen Public Agencies' Disclosure Obligations to Encourage Private Litigation
September 7, 2005 2:00 PM The FTC Approves Proposed Amendments to the Hart-Scott-Rodino ("HSR") Rules and Releases the Twenty-Seventh Annual Report to Congress Regarding the Premerger Notification Program
August 7, 2005 8:05 PM Seventh Circuit Holds Product Disparagement Not Actionable Under Antitrust Laws
August 7, 2005 7:38 PM Sixth Circuit Inoculates Public Hospital With State Action Immunity
August 7, 2005 6:06 PM European Commission Highlights Reform of State Aid Rules
August 7, 2005 5:00 PM Public Comments Lead Canada's Competition Bureau To Withdraw Information Bulletin On The Regulated Conduct Defence
July 17, 2005 4:42 PM AstraZeneca Fined $73m By European Commission For Misuse Of European Patent Rules
July 17, 2005 4:22 PM Ninth Circuit Puts The Wood To Weyerhaeuser On Predatory Overbidding
July 17, 2005 4:02 PM European Commission Launches Major Antitrust Investigation of EU's Financial Services and Energy Markets
July 17, 2005 3:53 PM Horse Show Governing Body Mileage Rule Against Competing Horse Shows Is Subject to Summary Judgment On Ground Of Implied Antitrust Immunity
July 7, 2005 7:00 PM Supermarket Revenue Sharing Agreement Is Not Immune From Antitrust Scrutiny
July 7, 2005 6:00 PM Ninth Circuit Broadens Single Entity Theory of Copperweld: Conspiracy May Be More Difficult To Prove
July 7, 2005 4:30 PM FTC Approves Chevron's Acquisition Of Unocal On Condition Of Release Of Patent Rights To CARB Reformulated Gasoline
July 7, 2005 4:00 PM Opening The Door For Generic Drug Makers: The Supreme Court Rules That Research Is Widely Excluded From Patent Infringement
July 7, 2005 2:45 PM DOJ White Collar Crime Update
June 7, 2005 5:00 PM 180 Days Of Exclusive Marketing: A Right, An Incentive, Or A Property Interest?
June 7, 2005 4:00 PM Supreme Court Rules Against State Law Bans On Interstate Direct Shipment Of Wine
June 7, 2005 3:00 PM US Jail Time - A New Reality for UK Executives Indicted on US Price-Fixing Charges
May 17, 2005 10:59 PM Add us to your favorites!
May 17, 2005 10:38 PM OECD Recommendation On Merger Review Best Practices
May 17, 2005 10:11 PM New EU Competition Commissioner Outlines Changes To Ensure More Effective European Cartel Enforcement
May 17, 2005 9:52 PM Canada: Commissioner Of Competition Seeks To Intervene In Appeal Of dismissal Finding That Mere Assignment Of Patent Rights Is Not Actionable Under The Competition Act
May 17, 2005 12:00 PM "Active Supervision" Standard Of Midcal Not Applicable To Conduct Of Sovereign. Multistate Tobacco Settlement Is Parker and Noerr Exempt Both For State And Private Parties
May 17, 2005 11:00 AM Amendments To United States Sentencing Guidelines -- Antitrust Penalties Likely To Increase; Guidelines' Advisory Status Unchanged
May 17, 2005 10:00 AM Proposed Legislation To Require Disclosure Of "Slotting Allowances" In California
May 17, 2005 9:45 AM DOJ White Collar Crime Update - Criminal Investigations Continue To Be A Priority For The Antitrust Division
April 4, 2005 12:25 PM Eleventh Circuit Upholds Agreements Between Patent Holder And Generics On Generic Entry Date Under Hatch-Waxman
April 4, 2005 12:20 PM Dentsply International, Inc. In Violation Of Section 2 For Monopoly Maintenance Through Use Of Exclusivity Clauses
April 4, 2005 12:15 PM Antitrust Reform in Europe: A Year in Practice
April 4, 2005 12:10 PM Supreme Court To Review Robinson-Patman Act Case
April 4, 2005 12:05 PM Scrutiny After The Fact (Appeared in Legal Times March 14, 2005)
March 8, 2005 6:30 PM Important Pharmaceutical Declaratory Judgment Decision In Teva v. Pfizer
March 8, 2005 6:15 PM European Court Raises Bar On The European Commission's Use Of Novel Theories In Merger Cases
March 8, 2005 6:10 PM Northern District Of California Rules That A Relevant Market Cannot Be Defined Based Solely On Contractually Obligated Customers Of The Supplier Of A Non-Unique Product
March 8, 2005 5:30 PM Italian Drug Maker's Monopolization Claim Against Holder Of Invalid Patent Moves Forward
March 8, 2005 5:15 PM Of Bats And Sunshine: Presumption Of Market Power In Patent Tying Case Alive But Rebuttable
February 7, 2005 8:58 PM "Reverse" Payments To Settle Hatch-Waxman Infringement Litigation Are Per Se Illegal
February 7, 2005 7:58 PM The Current Debate Over California's Proposition 64
February 7, 2005 6:58 PM FTC Rules That Consummated Merger Is Anticompetitive
February 7, 2005 5:58 PM Israel Confronts Shelf Space Issues
February 7, 2005 4:58 PM Summary Of Pharmaceutical Company Settlement Agreements
February 7, 2005 3:58 PM Antitrust Division Must Honor Its Immunity Agreements

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