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Results: 1-10 of 424

The Concept of Full-Function Joint Venture in the EU
  • McDermott Will & Emery
  • European Union
  • August 8 2016

In the European Union (EU), at the inception of a joint venture (JV), parent companies must determine whether the newly created structure presents a


Massachusetts Court Weighs in on Product Hopping Allegations and Reverse Payment Standing
  • McDermott Will & Emery
  • USA
  • November 11 2016

Addressing a motion to dismiss a bevy of antitrust allegations, the US District Court for the District of Massachusetts held that a class of


Second Circuit: No Valid Sherman Act Claim Where Citizen Petition Denied Contemporaneously with ANDA Approval
  • McDermott Will & Emery
  • USA
  • November 11 2016

The US Court of Appeals for the Second Circuit held that a pharmaceutical manufacturer failed to state a Sherman Act Section Two claim because the


S.D.N.Y. Dismisses cotton traders’ 1 claims under Copperweld
  • McDermott Will & Emery
  • USA
  • October 17 2014

On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act (CEA) and Sherman Act claims brought against Louis


The European Commission Fines Truck Manufacturers a Record 2.93 billion for Cartel Conduct
  • McDermott Will & Emery
  • European Union, United Kingdom
  • August 15 2016

On 19 July 2016, the European Commission (Commission) imposed fines totaling 2,926,499,000 on four truck producers (39824 - Trucks). The fine is the


French Competition Authority Imposes Its First Ever Fine for Gun-Jumping
  • McDermott Will & Emery
  • France
  • November 9 2016

For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been


Split decisions regarding class certification in provigil antitrust lawsuits
  • McDermott Will & Emery
  • USA
  • October 30 2015

In two antitrust class actions in the U.S. District Court for the Eastern District of Pennsylvania, the court denied class certification as to


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


Abuse of IP rights under China's antitrust rules: recent cases have a potentially serious impact
  • McDermott Will & Emery
  • China
  • March 22 2013

Corporations doing business in China, based on their intellectual property (IP) rights, need to be aware of the potentially serious impact of China's


Northern District of California Dismisses Claims that Gilead Violated the Antitrust Laws in Seeking to Protect its Position on HIV Drug
  • McDermott Will & Emery
  • USA
  • November 11 2016

Ruling on a motion to dismiss, the US District Court for the Northern District of California dismissed AIDS Healthcare's antitrust claims alleging