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2016 antitrust developments: Foreshadowing 2017?

It’s that time of year again, when we reflect on what happened during the prior year and prepare for another one. Let’s take a moment to look at some trending antitrust topics from 2016, and take a stab at what we believe will be some of the hottest trending topics in antitrust law going forward.

Auto parts stalled?

While the gush of new cases has slowed to a trickle, it is remarkable to note that new cases are indeed still being filed – the most recent of which was filed in November 2016. Perhaps more remarkable than new cases however, …

Introduction to Brazilian antitrust enforcement

Before the independence of CADE (the Administrative Council for Economic Defense), it could take months for Brazilian mergers to be approved. Jay talks to Brazilian competition attorney Andre Gilberto about how the Brazilian government improved the process for reviewing antitrust and merger cases, what crimes can be criminally prosecuted and merger control.…

Authors write the latest chapter in their ongoing saga with Amazon

The same group of authors, book publishers and booksellers that urged the Department of Justice (DOJ) to investigate Amazon for antitrust violations last summer recently voiced its support for Apple in its attempt to overturn the adverse verdict against it entered by a New York federal judge in connection with the DOJ’s civil prosecution of it for harming competition with—you guessed it—Amazon.

As we have previously discussed, the literary community has been at odds with Amazon in recent years; claiming that Amazon used its dominance of the e-book retail market to control the flow of information to the general …

The importance of the state action exemption on state licensing boards

This podcast discusses the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental Examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright’s Antitrust Group, provide an overview of the state action doctrine at issue in the case, analyze possible outcomes, and assess the potential repercussions of the Court’s decision. In particular, Jay and Darcy discuss how the Court’s decision may affect how states will choose to license and oversee professionals (including medical professionals) …

‘Patent troll’ cannot “derail” FTC investigation

Have to give them an “A” for effort. “Patent troll” MPHJ Technology Investments, LLC sued the FTC hoping to shut down its investigation into the company because the investigation violated MPHJ’s First Amendment rights to petition. A West Texas federal judge recently ruled that MPHJ could not “derail” the FTC investigation with such a claim.

MPHJ, which had bought a number of patents related to computer scanning programs, mailed demand letters in an effort to license its patents to various companies that were already using similar technology. But MPHJ didn’t stop there. Many of the letters also threatened to sue …

Can being ‘ethical’ land you in hot water with the Federal Trade Commission?

If it’s written in your organization’s “code of ethics,” it’s ok, right? In a recent post I shared on the DRI blog, two FTC settlements hinged on a review of organizational codes of ethics to determine that very question. The FTC brought administrative actions against two national associations – the National Association of Residential Property Managers (NARPM) and the National Association of Teachers of Singing (NATS) – under the reasoning their codes of ethics were… well, less than ethical.

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