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A recall notice directed to “6 Hour” energy shots could constitute false advertising
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of whether a recall notice issued by a competitor constituted false advertising and anti-competitive conduct in violation of Section 2 of the Sherman Act, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s judgment dismissing false advertising claims and affirmed the district court’s dismissal of Sherman Act claims

Advocate General’s Opinion casts doubt over Greek law
  • McDermott Will & Emery
  • European Union, Greece
  • March 14 2008

Advocate General Kokott has issued an Opinion stating that a Greek law, which gives the Greek motor sports federation the right to authorise events in Greece, may be incompatible with European competition law

Ninth Circuit gives copier leasor second shot at Lanham Act claims
  • McDermott Will & Emery
  • USA
  • February 29 2008

The U.S. Court of Appeals for Ninth Circuit reversed the F.R.Civ. Pro. 12(b)(1) dismissal of a complaint alleging false statements and antitrust violations, finding that the factual allegations, if taken as true, would support the Lanham Act and Sherman Act claims

The CFI reduces fines imposed on the Nintendo group
  • McDermott Will & Emery
  • European Union
  • May 8 2009

Between 1995 and 1996, the European Commission launched two separate investigations into the distribution of Nintendo’s video game cartridges and consoles

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

Caution for competition defence
  • McDermott Will & Emery
  • United Kingdom
  • March 31 2008

In The Football Association Premier League Limited & Others v LCD Publishing Limited 2007 EWHC 3171 (CH), the English High Court considered an application to strike out a restraint of trade and competition defence

Second Circuit revives antitrust class action complaint, perhaps lowering perceived heightened pleading standards
  • McDermott Will & Emery
  • USA
  • March 5 2010

The court's revival of this antitrust complaint will likely be an important precedent used by plaintiffs in their efforts to survive future motions to dismiss

False advertising injunction upheld; it’s all good and good for you
  • McDermott Will & Emery
  • USA
  • May 28 2011

In a case involving nutritional claims associated with baby formula, the U.S. Court of Appeals for the Fourth Circuit upheld a $13.5 million jury verdict won by a generic baby formula producer and permanent injunction for false advertising against its longtime legal foe, brand name baby formula producer Mead Johnson

Sweden abolishes exclusive right in digital broadcasting services
  • McDermott Will & Emery
  • European Union, Sweden
  • June 13 2008

The European Commission has withdrawn from the European Court of Justice its case against Sweden for breach of the Electronic Communications Directive following Sweden's recent amendment of its media law

Commission approves two Dutch film funds
  • McDermott Will & Emery
  • European Union, Netherlands
  • July 20 2007

The European Commission has approved two new funds in the Netherlands for promoting film-making