June 8, 2015

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.

Antitrust Scrutiny for 3 Big U.S. Theater Chains.  A federal investigation into whether the big movie theater chains are misusing their market clout to keep new films away from independent competitors is gaining steam.  Cinemark Holdings, the nation’s third-largest movie theater operator, disclosed in a filing with the Securities and Exchange Commission that it had received a civil investigative demand for information from the antitrust division of the Justice Department.  Cinemark’s two bigger competitors, Regal Entertainment Group and AMC Entertainment, have already alerted shareholders to similar requests.

Privacy app maker files EU antitrust complaint against Google.  U.S. tech firm Disconnect has filed a complaint with EU antitrust regulators against Google’s ban on its privacy app, accusing the Silicon Valley giant of abusing its dominant market position.  Disconnect, which was set up four years ago by former Google engineers, says its app protects users of the Android operating system from invisible tracking and malware distributed through advertisements.  Disconnect claims that Google abused its position by blocking the app from the Google Play store last year, and gained an unfair advantage over competitors by integrating its own privacy and security services into its own products.

Motorola’s Antitrust Lawsuit May Head to Top Court.  The U.S. Supreme Court is expected to announce  later this month whether it will review a decision by the U.S. Court of Appeals for the Seventh Circuit tossing out a civil antitrust suit by Motorola Mobility seeking damages from AU Optronics and other members of an alleged price-fixing cartel.  The appeals court held that Motorola’s overseas subsidiaries could not reap the benefits of America’s antitrust laws.  The decision, authored by prominent legal theorist Judge Richard A. Posner, has engendered a lively debate by antitrust scholars over the global reach of America’s antitrust laws.

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Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

    June 1, 2015

    The Antitrust Week In Review

    Here are some of the developments in antitrust news this past week that we found interesting and are following.

    Teva Settles Cephalon Generics Case With F.T.C. for $1.2 Billion.  The Federal Trade Commission has announced that its seven-year lawsuit against Cephalon, now owned by Teva Pharmaceutical Industries, would be settled for $1.2 billion, the largest amount ever secured by the competition watchdog.  The settlement resolves the FTC’s charges that Cephalon bought off generic drug makers selling far cheaper versions of Provigil, Cephalon’s prescription drug for sleep disorders.

    Apple loses bid to disqualify antitrust monitor – U.S. court.    The U.S. Court of Appeals has rejected Apple’s bid to disqualify an antitrust compliance monitor appointed after the technology giant was found liable for conspiring with five publishers to raise e-book prices.  Although the appellate court said some of the charges against monitor Michael Bromwich gave it “pause,” the court held that Judge Denise Cote did not abuse her discretion in rejecting Apple’s bid to end his two-year appointment early.

    As Facebook Sweeps Across Europe, Regulators Gird for Battle.  In recent months, European regulators have placing Facebook under the microscope.  While one arm of the European Union is looking into whether Facebook and other tech companies unfairly favor their own services over those of rivals, at least five data protection watchdogs across the region are questioning Facebook’s privacy settings.  Plus, in a case that could have broad implications for many tech companies, the European Union’s top court will issue a preliminary decision next month on whether Facebook can continue transferring user data between Europe and the United States.

    Reynolds American wins U.S. antitrust approval to buy rival Lorillard.   Reynolds American has won U.S. antitrust approval to buy smaller rival Lorillard in a $27.4 billion deal that would combine the No. 2 and No. 3 U.S. cigarette companies.  The Federal Trade Commission said it would allow the acquisition to go forward on condition that the companies sell four cigarette brands – Winston, Kool, Salem and Maverick, which will be purchased by Imperial Tobacco Group.

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