Tag Archives: antitrust

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line Robinson-Patman price discrimination case. Small wholesalers alleged that Living Essentials LLC (Living Essentials), maker of 5-Hour ENERGY® drinks, was giving preferential … Continue reading this entry

Update: Antitrust-Intellectual Property Licensing Guidelines

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of Intellectual Property issued in 1995. The majority of the Proposed Guidelines update relevant authorities to reflect developments in … Continue reading this entry

Potential Antitrust Implications of Most Favored Nation Clauses

In the manufacturing industry, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive, cost-saving benefits including efficiencies in negotiations; buyers need not haggle for the last nickel in cost reduction when an MFN clause guarantees the best … Continue reading this entry

Protection Against Foreign Anticompetitive Practices Affecting U.S. Activities

Antitrust laws, like the Sherman Act, protect American markets from anticompetitive practices. But, under the Foreign Trade Antitrust Improvements Act (FTAIA), American antitrust laws only reach foreign conduct in specific circumstances. For example, an anticompetitive act committed abroad must, among other things, “directly” affect U.S. domestic, import, or certain export activities and the effect must … Continue reading this entry