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A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

Commission to intervene in French online selective distribution dispute

  • McDermott Will & Emery
  • -
  • European Union, France
  • -
  • May 15 2009

The European Commission is preparing to submit comments before the Paris Court of Appeal in a case brought by cosmetic manufacturer Pierre Fabre Dermo-cosmétique (Pierre Fabre) against a French Competition Authority decision

Pierre-Fabre Dermo-Cosmétique v Président de l'Autorité de la Concurrence: selective distribution and restrictions on internet sales

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 29 2011

On a reference to the Court of Justice of the European Union (CJEU) by the Paris Court of Appeal, Advocate General Ján Mazák has given an Opinion stating that an absolute refusal to allow distributors to sell products on the internet would appear to be disproportionate and a "hardcore restriction"

Lanham Act attorneys’ fees awarded in the absence of damages

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public

Civil litigation under China’s Anti-Monopoly Law

  • McDermott Will & Emery
  • -
  • China
  • -
  • March 26 2012

Since the introduction of the China AML in August 2008, Chinese courts have experimented with various methods of civil dispute adjudication based on breach of the AML