Antitrust and UCL in the News
November 25, 2013
We have two fantastic webinars scheduled for December (get your CLE credits here!!).
The European Commission Comes to California. December 10, 2013 noon-1:00 p.m. Pacific.
Niall Lynch (Latham & Watkins) and Ewoud Sakkers, Directorate General for Competition, European Commission will provide a unique perspective on current developments and trends in competition law enforcement in Europe. Mr. Sakkers’ program will:
- explain the system of mixed responsibilities between the EU and the Member States;
- review proposals for enhancing private damages actions in the EU;
- discuss decisions of the European Commission and EU Member State authorities in high-tech and other markets, and;
- consider the latest case law of the European Courts.
To attend, you must register in advance: http://calbar.inreachce.com/Details?resultsPage=
“Antitrust 101.” December 12, 2013 noon-1:00 p.m. Pacific.
Learn the basics about claims and defenses to antitrust, unfair practices and unfair competition claims under Federal and law. Speakers John Landry from Sheppard Mullin and Paul Riehle from Sedgwick.
To attend, you must register in advance: http://calbar.inreachce.com/Details?resultsPage=1&sortBy=&mediaType=9cdd3b37-d59d-462a-96e9-20d8591584fb&category=c87bfc50-be21-43d9-bd8c-ed58071df880&groupId=51ad991a-6fb0-4c9c-a0d7-5643af19dd39
August 14, 2013
On August 13, 2013, the U.S. Department of Justice along with the Attorneys General of six states (not including California), filed suit to block the merger of US Airways and American Airlines. In its press release announcing the suit, the DOJ contended that “[i]f this merger goes forward, even a small increase in the price of airline tickets, checked bags or flight change fees would result in hundreds of millions of dollars of harm to American consumers," and also noted that "[b]oth airlines have stated they can succeed on a standalone basis and consumers deserve the benefit of that continuing competitive dynamic.” Press release and complaint are available at the Antitrust Division’s website.
June 24, 2013
On June 20, 2013, the U.S. Supreme Court handed down its opinion in American Express Co. v. Italian Colors Restaurant. The opinion considered “whether a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act when the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the recovery.” Slip op. at 1. The federal statutory claim in question was a Sherman Act claim, and the Court held that the arbitration clause was enforceable.
June 18, 2013
On June 25, 2013 at noon, join the Antitrust Sections of the State and Los Angeles County Bars for a presentation on the intersection of patent law and antitrust. Panelists include: Bret Bocchieri of Novak Bruce Connolly Bove + Quigg; Sean Royall of Gibson, Dunn & Crutcher; and moderator Doug Lichtman, UCLA Law School. The panelists will discuss recent developments in this area and key unsettled issues facing antitrust and intellectual property practitioners in the coming months and years. The presentation will include a question-and-answer discussion with panel attendees.
MCLE credit available and lunch will be provided. Register today at the Section’s discounted rate of $40.00.
June 17, 2013
On June 17, 2013, the U.S. Supreme Court issued its opinion in FTC v. Actavis, Inc., holding that “reverse payment” settlement agreements between a patent holder pharmaceutical and potential generic competitors were subject to a rule of reason analysis and were not immune from antitrust scrutiny.
June 3, 2013
Quid Novi? – Join the Section for a CLE Webinar on June 12, 2013 at 12-1 p.m. (PDT) for a review of recent developments in Antitrust and UCL in California. The program will discuss recent competition trials and key takeaways. Highlights include Bazaarvoice, Higbee, makeup tattooists and Cartwright’s relationship to pre-merger activity. Register now for CLE!
May 17, 2013
From the Antitrust and Unfair Competition Law Section: Save the date of October 24, 2013 for the 23rd Annual Golden State Antitrust and Unfair Competition Law Institute and Antitrust Lawyer of the Year Award Dinner, taking place this year a...t the Julia Morgan Ballroom in San Francisco. Congratulations to Senior Assistant Attorney General Kathleen E. Foote, who will be honored at the event as the 2013 Antitrust Lawyer of the Year. Please join us for an exciting day of panels. Among other distinguished speakers, we will hear from keynote luncheon speaker Justice Goodwin Liu of the California Supreme Court. More details will be posted on the Section website as the date approaches. See Golden State Institute for more information.
May 7, 2013
On May 13, 2013 at 9 a.m. - 10:30 a.m. (Pacific), join the State Bar of California’s and the ABA’s Antitrust Sections for an audio presentation on “Antitrust and the First Amendment.” The panel will explore the inter-relationship between the First Amendment and antitrust such as: “Can the ranking of search engine results be challenged under antitrust or is that ranking an opinion?” or “Can the antitrust laws bar firms subject to a FRAND commitment on a standard essential patent from seeking an injunction?” If the First Amendment applies in these contexts, what standard of scrutiny applies? Register now for this event on the ABA website.
April 22, 2013
GET PUBLISHED! The Section's journal, Competition, is looking for authors for an exciting issue we are developing entitled "The California Difference." The focus of each article will be on the differences between California antitrust and unfair competition law and federal antitrust and FTC Section 5 law. The deadline is June 15, 2013. Please contact Tom Dahdouh if you are interested in writing on any of the following areas - or any other issues worth discussion: 1) Antitrust Injury; 2) Standing; 3) Standard for predatory pricing and geographic price differentials (Brooke Group versus the Unfair Practices Act); 4) Differences between the UCL and the FTC Act jurisprudence (for example, the difference between the FTC's "reasonable consumer" standard and the UCL standard); 5) Exploiting differences at trial (a. Fifth Amendment; b. Use of Experts; c. Procedural differences); 6) The Impact of CAFA; 7) Merger enforcement; 8) Use of "Quick Look" analysis in antitrust cases; and 9) Vertical price-fixing.
April 15, 2013
On April 16, 2013 from noon to 1:30 Pacific, the Antitrust and Unfair Competition Law Section will present a webinar on Comcast Corp. v. Behrend, the latest word from the United States Supreme Court on class certification. Hear the attorneys who argued the case before the Supreme Court discuss the opinion – and the impact it will have on class action litigation. Register here.
April 4, 2013
Ethics and UCL claims – practicing lawyers and legal corporations may be subject to UCL claims. Check out the recent article by Diane Karpman, legal ethics expert, in the April 2013 edition of the California Bar Journal.
March 28, 2013
On March 27, 2013 the U.S. Supreme Court issued its opinion in Comcast v. Behrend, reversing the Third Circuit’s affirmation of class certification in an antitrust case, and holding that the plaintiff’s expert report was insufficient in light of the legal theory supporting class certification. The slip opinion is available HERE.
March 22, 2013
On March 14, 2013, the California Court of Appeal handed down a new opinion construing the Unfair Competition Law in the context of actions between business competitors. In the opinion, the Court of Appeal reversed the judgment sustaining the defendant’s demurrer and reinstated the action, holding that the competitor plaintiff had standing to bring the claim. Read the full opinion at this link: http://www.courts.ca.gov/opinions/documents/G046778.DOC
March 18, 2013
On March 20, 2013 at noon, join the Antitrust Sections of the State Bar of California and Los Angeles County Bar for a presentation on the Capper Volstead Act, a federal law providing antitrust law exemptions for qualifying agricultural cooperatives. Once an obscure law, it has recently become the centerpiece of several major nationwide class action litigations. Beyond providing an overview on the basics of the Act, the program will discuss strategic and procedural considerations when advising clients in the agricultural sector on antitrust issues.
MCLE credit available and lunch will be provided. Register today [opens in a new window] at the Section’s discounted rate of $45.00.