US: Judge orders Uber to hand over acquisition report of Levandowski startup

US: Judge orders Uber to hand over acquisition report of Levandowski startup

Uber has lost two key battles in its trade-secret litigation with Waymo, Google’s self-driving car spinoff. First, a magistrate judge has ruled that Uber must hand over the due diligence report related to its $680 million acquisition of self-driving car startup Otto. Uber had been trying to keep that report secret by claiming attorney-client privilege. […]

US: Cravath antitrust partner nominated for NY Court of Appeals

US: Cravath antitrust partner nominated for NY Court of Appeals

Cravath Swaine & Moore partner Rowan Wilson has been nominated by Gov. Andrew Cuomo to the Court of Appeals, the governor’s office said Monday. Cuomo formally sent Wilson’s name to the state Senate before the midnight Sunday deadline to nominate a successor to Eugene Pigott Jr., the 70-year-old Buffalo-area jurist who stepped off the court […]

Territoriality Isn’t Over

Territoriality Isn’t Over

By Robert O’Donoghue – This article examines territoriality through the lens of the Iiyama case, the High Court’s main findings, and where the judgment leaves us on the question of territorial application of competition law. In light of the recent “Brexit” vote, the issues of territoriality would actually assume greater, not lesser, importance if the UK […]

A Fleet Without a Captain? Taking Stock of European Antitrust Litigation Post EU Directive

This article is part of a Chronicle. See more from this Chronicle Hans Friederiszick, Michael Rauber, Jan 21, 2015 Private antitrust enforcement and cartel damages actions are on the rise, with a concentration of damages actions in the United Kingdom, Germany, and the Netherlands. To facilitate this development, the EU Directive on Antitrust Damages was adopted […]

Two Concerns Regarding the European Draft Directive On Antitrust Damage Actions

Jeroen Kortmann, Rein Wesseling, Aug 12, 2013 On June 11, 2013, the European Commission published its proposal for a directive on antitrust damage actions in the European Union (the “Draft Directive”). The Draft Directive contains far-reaching proposals to facilitate antitrust damage actions in the EU Member States. Perhaps unsurprisingly, the initial reactions by the Member States […]

A Cost-Cutting Solution to the Discovery Burdens of Antitrust Disputes

 J. Hardy Ehlers, James Bo Pearl, May 13, 2013 Litigating an antitrust case has always been a costly endeavor for all parties involved. Just in the last 30 years, sprawling cases such as Microsoft, Intel,and price-fixing cases involving LCDs, vitamins, and memory have chewed up hundreds of millions of dollars in fees and expert costs. […]

Private Antitrust Enforcement in Brazil: New Perspectives and Interplay with Leniency

Ana Paula Martinez, Mariana Tavares de Araujo, Apr 16, 2013 Private antitrust enforcement in Brazil has been on the rise over the past five years. This may be due to such reasons as the global trend of antitrust authorities encouraging damage litigation by potential injured parties; the growing number of infringement decisions issued by Brazil’s […]

Why Some Platform Businesses Face Many Frivolous Antitrust Complaints and What to Do About It

David Evans, Dec 20, 2012 In the last decade a number of internet-based multi-sided platforms have emerged that provide free services to, in some cases, millions of businesses. This article argues that under current norms in adversarial proceedings these platforms are likely to face large numbers of complaints in multiple jurisdictions, a substantial likelihood that […]

Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that K-Dur Ignored

Jonathan Gleklen, Kelly Smith, Sep 13, 2012 A striking aspect of the Third Circuit’s decision on Hatch-Waxman patent settlements in the K-Dur litigation is the panel’s repeated reliance on conclusions that the Federal Trade Commission (“FTC”) has drawn from internal studies. It is hard to get through the opinion without running up against “a 2010 analysis […]

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