The Supreme Court heard oral arguments on November 26 in a suit alleging that the Ninth Circuit erred in holding that iPhone App Store customers were direct purchasers of those apps and had standing to sue Apple for the monopolization and attempted monopolization of the market for the sales of iPhone apps. The liberal justices…
On August 20, 2018 the Antitrust Division announced in a press release (here) the return of an indictment (here) against a real estate company, a realtor and an accountant that does not include a charge of violating the Sherman Act. The press release states: [T]he Detloffs devised a scheme requiring repair contractors to pay the…
Fordham University School of Law’s Competition Law Institute (FCLI) will hold its 45th Annual Conference on International Antitrust Law and Policy, on September 6-7, 2018, and an Antitrust Economics Workshop, September 5, 2018, at Fordham Law School in New York City. The two-day conference will include antitrust agency heads, senior officials from antitrust authorities, leading…
A record €4.34 billion (approximately $5 billion) fine was imposed on Google last week by the European Commission (EC) in response to the company’s imposition of restrictions on Android device manufacturers and mobile network operators. The EC announced that Google’s practice of requiring mobile device manufacturers to pre-install the Google Search app and browser app (Chrome)…
In a five-to-four decision yesterday, the U.S. Supreme Court ruled that the Department of Justice Antitrust Division and several states failed to prove that so-called “anti-steering” provisions imposed by American Express Company on merchants that accept AmEx cards harmed competition in violation of federal antitrust law. The Court, in an opinion authored by Justice Clarence…
In a decision that will have a significant impact on antitrust enforcement, particularly private damages actions against international cartels, a unanimous Supreme Court ruled that a federal court considering a case in which foreign law is relevant is not bound to defer to an official interpretation of the law offered by the foreign government. The decision…
The headline sounds funny, but the story is no laughing matter. A plea agreement in the electrolytic capacitor investigation between the United States and Nippon Chemi-Con (“NCC”) is in jeopardy because of an unfortunate conflict of interest lapse by an attorney at the Department of Justice. There was a hearing before Judge Donato yesterday on…
On April 9, the Antitrust Division of the Department of Justice held a public roundtable on the subject of criminal antitrust compliance. If any other Division of the DOJ had done this, it would not be particularly exceptional, but within the antitrust compliance world, it was significant—exciting even! Since at least the time of the…
Over the past weekend, the Chinese legislature decided on a major restructuring of governmental agencies – with a profound impact on antitrust enforcement in the country. The restructuring plan was announced by the State Council – the equivalent of China’s cabinet – on 13 March 2018 and was approved by the legislature on 17 March….
Living Essentials LLC, the maker of 5-hour Energy drinks, has faced two recent suits in California federal courts alleging violations of Robinson-Patman’s prohibitions on price and promotional discrimination. The suits should teach other suppliers, especially those that sell to Costco, that private RP enforcement is alive and well and still requires careful planning of prices…
