The Department of Justice, Antitrust Division, has asked the Federal Communications Commission to boost the ability of small wireless providers to compete in an upcoming auction of valuable low-frequency spectrum that is valuable because of its ability to penetrate obstacles. The Division argued that without protection, Verizon and AT&T could “foreclos[e] their rivals from access.” […]
Category Archives: Antitrust Division Action
DOJ Urges FCC to Ensure Broad Access to Low-frequency Spectrum in Upcoming Auctions
June 19, 2013 – 9:48 am
Court Finds Waiver of Right to Jury Trial in Major Antitrust Damages Case
May 22, 2013 – 7:34 am
In State of Texas et al. v. Penguin Group USA Inc. et al., Southern District of New York Judge Denise Cote has ruled that Penguin Group USA Inc. waived its right to a jury trial on damages claims brought by a group of 30 states against Apple and several publishing companies for fixing e-book prices. […]
Antitrust Enforcement Agencies Oppose Use of Arbitration Clause to Block Class Actions
March 19, 2013 – 1:21 pm
In American Express Co. et al. v. Italian Colors Restaurant et al., the U.S. Supreme Court will decide whether an arbitration agreement can legitimately include a waiver of the right to class adjudication. The Department of Justice, Antitrust Division, and the Federal Trade Commission have filed a brief arguing that the provision improperly prevents parties […]
Chiropractic Organization May Not Negotiate Prices for Its Members
February 20, 2013 – 8:28 am
In U.S. v. Oklahoma State Chiropractic Independent Physicians Association, filed in the Northern District of Oklahoma, the Antitrust Division and the defendant association have entered a consent decree preventing an Oklahoma chiropractic association from negotiating joint contracts with insurers that the DOJ believes thwarted competition and drove up prices for consumers. The decree, which must […]
DOJ & USPTO Seek to Prevent Ban on Patented Products
February 12, 2013 – 5:24 pm
The Department of Justice and the Patent and Trademark Office are pressing the International Trade Commission (ITC) not to ban imports that use standard-essential patents (SEP) when the manufacturers that are willing to license the necessary patents are accused to infringing them. “[I]n some circumstances,” the agencies argued, “the remedy of an injunction or exclusion order may be […]
DOJ Concerned About The Exploitation of Standard-essential Technology Patents Through Unfair Licensing Strategies
January 24, 2013 – 10:36 am
Fiona M. Scott-Morton, the Antitrust Division’s Deputy Assistant Attorney General for Economic Analysis claimed in a recent speech entitled “The Role of Standards in the Current Patent Wars” that companies controlling patents that are essential to an established technological standard can often charge anticompetitively high licensing rates despite their commitments to follow fair, reasonable and […]
Follow-on Class Action Against Michigan Blue Cross/Shield to Move Forward
January 23, 2013 – 9:00 am
In The Shane Group Inc. et al. v. Blue Cross Blue Shield of Michigan, Eastern District of Michigan Judge Denise Page Hood has ruled that a proposed class action may move forward. The putative class claims the health insurance company included anticompetitive most-favored-nation (MFN) provisions in its hospital contracts that required the hospitals to charge […]
DOJ Closes Investigation of Monsanto’s Domestic Seed Business
December 21, 2012 – 3:10 pm
The Department of Justice has closed its two-year antitrust investigation of Monsanto’s planned activities with respect to Roundup Ready 1 modified soybeans after the 2014 expiration of its patent. The DOJ may have been concerned that Monsanto would demand that farmers destroy or return seed when existing licenses expire because the company now prevents farmers […]
Avery Dennison & 3M Scrap Division Purchase Plans
November 7, 2012 – 11:54 am
After initially indicating that they would restructure their deal in light of Department of Justice antitrust concerns, Avery Dennison Corp. and 3M Co. have now decided to abandon 3M’s proposed purchase of Avery Dennison’s office and consumer products business division. The DOJ claimed that the deal would eliminate 3M’s main rival and give the giant […]
Follow-on Case to DOJ Blue Cross Blue Shield Prosecution to Move Forward
July 2, 2012 – 4:47 pm
In Aetna Inc. v. Blue Cross Blue Shield of Michigan, Eastern Distict of Michigan Judge Denise Page Hood struck down Blue Cross’ motion to dismiss Aetna’s complaint alleging that Blue Cross Blue Shield entered antitcompetitive agreements prohibiting about half of the state’s 131 hospitals from offering more favorable terms to competing insurers. As a result, […]