Transatlantic Antitrust and IPR Developments, Issue No. 1/2013 (March 15, 2013)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo,
Nicole Daniel and Juha Vesala, TTLF Fellows

 

Contents

U.S. DEVELOPMENTS

U.S. Federal Trade Commission announces proposed settlement with Google [Juha Vesala]

U.S. DOJ and PTO issue policy statement on remedies for standards-essential patents subject to (F)RAND commitments [Nicole Daniel]

EU DEVELOPMENTS

CJEU provides guidance on “genuine use” of Community Trade Marks required to avoid revocation for non-use  [Béatrice Martinet Farano]

CJEU holds that the Audiovisual Media Services Directive’s limitation of costs for broadcasting short news events of high interest to the public is valid [Nicole Daniel]

European Commission fines Microsoft for non-compliance with its commitment decision [Gabriele Accardo]

European Commission publishes a proposal for revised rules for technology transfer agreements [Juha Vesala]

Italian Council of State reinstates abuse fine on Bayer Cropscience Srl and Bayer Cropscience AG [Gabriele Accardo]

French Court dismisses Navx’s damages claim against Google for alleged abused of dominance [Gabriele Accardo]

French Competition Authority dismisses E-Kanopi’s complaint against Google [Gabriele Accardo]

Spanish Competition Authority investigates Pfizer for an alleged abuse of dominance [Gabriele Accardo]

German Federal Cartel Office investigates price parity clauses applied by Amazon Marketplace [Gabriele Accardo]

Roche and Novartis investigated for an alleged cartel in Italy [Gabriele Accardo]

German Federal Cartel Office fines broadcasters for encryption of digital free television broadcasts and other unlawful joint practices [Nicole Daniel]

German Bundestag approves a bill creating a new ancillary copyright for news publishers [Béatrice Martinet Farano]

French HADOPI publishes its report on the means of combating online infringement [Béatrice Martinet Farano]

UK High Court issues a new set of simplified blocking orders against pirate website [Béatrice Martinet Farano]

 

Transatlantic Antitrust and IPR Developments, Issue No. 6/2012 (December 31, 2012)

 

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo,
Nicole Daniel and Juha Vesala, TTLF Fellows

 

Overview

Unilateral conduct

U.S. Federal Circuit holds that direct buyers have standing for Walker Process claims [Nicole Daniel]

U.S. FTC announces settlement concerning breach of FRAND licensing commitment [Juha Vesala]

ECJ rejects appeal relating to abuse of the patent system and the procedures for marketing of drugs [Gabriele Accardo]

European Commission sends Samsung Statements of Objections regarding its alleged abuse of mobile phone standard-essential patents [Gabriele Accardo]

European Commission accepts commitments from Thomson Reuters [Gabriele Accardo]

 

Agreements

U.S. Supreme Court grants certiorari to consider the legality of reverse payment settlements [Juha Vesala]

European Commission accepts commitments for sale of e-books by international publishers and Apple [Gabriele Accardo]

European Commission renders legally binding commitments on Rio Tinto Alcan [Gabriele Accardo]

Mergers

European Commission approves joint-venture in the market of Trusted Execution Environments [Gabriele Accardo]

European Commission clears acquisition of Austrian mobile phone operator Orange by Hutchison 3G subject to conditions [Nicole Daniel]

General

U.S. District Court denies Apple’s request for permanent injunction in the Apple v. Samsung case  [Béatrice Martinet Farano]

U.S. Courts deny injunctions requested by Motorola in two cases against Apple and Microsoft [Nicole Daniel]

European Commission urges industry to find solution for greater access of online content  [Béatrice Martinet Farano]

 

Transatlantic Antitrust and IPR Developments, Issue No. 4-5/2012 (November 7, 2012)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo,
Nicole Daniel and Juha Vesala, TTLF Fellows

 

Overview

Unilateral conduct

European Court of Justice rules that Austria does not act as an undertaking in collecting and making available data from the companies register [Nicole Daniel]

European Commission market tests improved commitments by Thomson Reuters in relation to proprietary codes [Gabriele Accardo]

Italian competition authority’s decision against Pfizer quashed by court [Gabriele Accardo]

 

Agreements

U.S. Court of Appeals holds reverse payment settlements to be presumptively illegal [Juha Vesala]

European Commission issues Statements of Objections against several pharmaceutical companies [Gabriele Accardo]

European Commission market tests commitments in the e-books market [Gabriele Accardo]

European Commission market tests proposed commitments by Rio Tinto Alcan in aluminum smelting markets [Gabriele Accardo]

UK’s Office of Fair Trading investigates the online hotel booking market [Gabriele Accardo]

 

Mergers

European Commission and U.S. Federal Trade Commission clear Universal’s acquisition of EMI’s recorded music business [Nicole Daniel]

 

General

U.S. Court of Appeals holds that a bookmarking website did not infringe copyright [Béatrice Martinet Farano]

European Court of Justice holds that the doctrine of exhaustion applies to downloaded software (UsedSoft v. Oracle) [Béatrice Martinet Farano]

European Commission publishes its annual report on EU customs enforcement of intellectual property rights [Béatrice Martinet Farano]

French Supreme Court holds Google keyword advertising practices lawful [Béatrice Martinet Farano]

French Court confirms Dailymotion is entitled to hosting safe harbor, but holds it liable for falling short of its obligation as a host [Béatrice Martinet Farano]

Transatlantic Antitrust and IPR Developments, Issue No. 3/2012 (June 21, 2012)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo and Juha Vesala, TTLF Fellows

 

Overview

Unilateral conduct

U.S. District Court refuses to dismiss antitrust claims against Samsung [Juha Vesala]

Almunia offers Google settlement talks [Gabriele Accardo]

Advocate General Mazák advises the Court to dismiss AstraZeneca appeal [Gabriele Accardo]

Administrative Court annuls Italian competition authority’s decision against Bayer Cropscience [Gabriele Accardo]

Agreements

U.S. Department of Justice files antitrust suit against e-book publishers and Apple [Juha Vesala]

U.S. Court of Appeals rejects antitrust claims by FTC against reverse payment settlement agreements [Juha Vesala]

General

U.S. Court of Appeal redefines DMCA safe harbor conditions (Viacom v. YouTube) [Béatrice Martinet Farano]

U.S. Fourth Circuit revives the debate over Google’s keyword advertising practices (Rosetta Stone v. Google) [Béatrice Martinet Farano]

French Supreme Court denies eBay hosting protection [Béatrice Martinet Farano]

German Court holds YouTube partially liable for third party content on the ground of the German theory of “disturber’s liability” [Béatrice Martinet Farano] 

 

Transatlantic Antitrust and IPR Developments, Issue No. 2/2012 (March 30, 2012)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo and Juha Vesala, TTLF Fellows

 

Overview

Unilateral conduct

U.S. ITC ALJ rejects Barnes & Noble allegations of patent misuse as a matter of law  [Juha Vesala]

European Commission investigates alleged abuse of dominance by Samsung  [Gabriele Accardo]

European Commission investigates alleged abuse by MathWorks [Gabriele Accardo]

Apple files complaint with the European Commission against Motorola Mobility over FRAND abuse [Gabriele Accardo]

Google ordered to pay damages in France for abuse of dominance in the API [Gabriele Accardo]

Mergers

U.S. DOJ clears Google’s acquisition of Motorola Mobility and other transactions involving standards-essential patents [Juha Vesala]

General

ECJ declines to impose general filtering obligations upon social network operator [Béatrice Martinet Farano]

ECJ denies database copyright protection for Football fixtures list

UK High Court finds The Pirate Bay jointly liable for copyright infringement [Béatrice Martinet Farano]

Transatlantic Antitrust and IPR Developments, Issue No. 1/2012 (January 20, 2012)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo and Juha Vesala, TTLF Fellows

 

Overview

Agreements

U.S. District Court dismisses claims of anti-competitive exclusion of positioning technology from standards [Juha Vesala]

European Commission investigates companies active in the e-book publishing sector [Gabriele Accardo]

European Commission investigates DuPont and Honeywell practices in relation to new refrigerant [Gabriele Accardo]

Unilateral conduct

U.S. District Court rejects theory of antitrust liability for patent infringement [Juha Vesala]

Thomson Reuters offers commitments to close investigation by European Commission [Gabriele Accardo]

European Commission makes Standard & Poor’s commitments legally binding [Gabriele Accardo]

European Commission makes IBM’s commitments in the mainframe maintenance market legally binding [Gabriele Accardo]

Italian Competition Authority fines Pfizer for abuse of dominance relating to visual glaucoma drugs [Gabriele Accardo]

General

Ninth Circuit Court of Appeals affirms that a music video platform was protected by the DMCA’s safe harbor provision [Béatrice Martinet Farano]

ECJ holds that EU Law rules out broad ISP filtering system [Béatrice Martinet Farano]

Italian Court rejects Samsung’s request for injunction against Apple in Italy [Gabriele Accardo]

 

Transatlantic Antitrust and IPR Development, Issue No. 6/2011 (November 4, 2011)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo
and Juha Vesala, TTLF Fellows

 

Overview

Agreements

ECJ rules on Pierre Fabre’s prohibition of online sales [Gabriele Accardo]

ECJ holds that licensing agreements prohibiting any cross-border provision of services breach EU competition law [Gabriele Accardo]

European Commission probes alleged anticompetitive agreement between Johnson & Johnson and Novartis [Gabriele Accardo]

European Commission opens investigation into standardization of e-payments [Juha Vesala]

Unilateral conduct

U.S. District Court dismisses Apple’s antitrust claims against Samsung [Juha Vesala]

French court denies preliminary injunction against a music streaming service on grounds of a potential abusive termination of copyright licensing agreement [Béatrice Martinet Farano]

Commission market tests IBM’s commitments in alleged abuse, closes parallel probe [Gabriele Accardo]

General

ECJ rules on the purchase of a competitor’s trademark as an AdWord [Béatrice Martinet Farano]

German Federal Supreme Court finds that Google’s image search does not infringe copyright [Béatrice Martinet Farano] 

Transatlantic Antitrust and IPR Developments, Issue No. 4-5/2011 (September 16, 2011)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Béatrice Martinet Farano, Gabriele Accardo                          and Juha Vesala, TTLF Fellows

 

Overview

Agreements

U.S. District Court dismisses antitrust claims on licensing arrangements for SD Cards [Juha Vesala]

U.S. District Court dismisses antitrust claims on royalty-free license to an invention [Juha Vesala]

European Commission finds less problematic patent settlements in the pharmaceutical sector in 2010 [Gabriele Accardo]

European Commission investigates luxury watch repairers following General Court ruling [Gabriele Accardo]

Swiss Competition Authority closes investigation against V-Zug and Electrolux [Gabriele Accardo]

 

Unilateral conduct

Ohio state court dismisses antitrust claims against Google [Juha Vesala]

European Commission closes investigation into alleged abuse by Boehringer Ingelheim [Gabriele Accardo]

Complaints against IBM dropped [Gabriele Accardo]

Italian Competition Authority fines Bayer Cropscience for refusing to provide access to studies required for market authorization of fungicides [Gabriele Accardo]

Finnish court of appeals finds collecting society’s royalties unfair [Juha Vesala]

Simfy withdraws complaint against Apple before the German Cartel Office [Gabriele Accardo]

Spanish Competition Authority opens formal proceedings against Oracle [Gabriele Accardo]

 

Mergers

UK Office of Fair Trading clears acquisition of BeatThatQuote.com by Google [Gabriele Accardo]

 

General

ECJ addresses online marketplaces’ liability for trademark infringements committed by their users [Béatrice Martinet Farano]

UK Competition Commission’s provisional report shows lack of competition in the pay-TV market [Gabriele Accardo]

UK Court of Appeal confirms end-users need license to access on-line news services [Béatrice Martinet Farano]

Transatlantic Antitrust and IPR Developments, Issue No. 3/2011 (June 10, 2011)

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Gabriele Accardo, Béatrice Martinet Farano

and Juha Vesala, TTLF Fellows

Overview

 

Agreements

U.S. FTC files amicus brief in reverse payment suit before 3rd Circuit [Juha Vesala]

European Commission investigates Cephalon/Teva settlement [Gabriele Accardo]

 

Unilateral conduct

U.S. District Court refuses to dismiss antitrust claims against Motorola [Juha Vesala]

European Commission market tests S&P’s commitments [Gabriele Accardo]

Italian Competition Authority market tests Pfizer’s commitments to close investigation into alleged abuse of dominance case [Gabriele Accardo]

OFT’s Reckit Benckiser decision issued [Gabriele Accardo]

 

Mergers

U.S. DOJ announces proposed settlement concerning Google acquisition of ITA [Juha Vesala]

Bundeskartellamt clears CPTN joint venture for acquisition of Novell’s patents [Gabriele Accardo]

General

U.S. FTC to hold workshop on hold-up concerns in standard-setting [Juha Vesala]

Neelie Kroes’s speech on net neutrality [Béatrice Martinet Farano]

Belgian court upholds Google News copyright infringement [Béatrice Martinet Farano]

French court clears YouTube from copyright liability [Béatrice Martinet Farano]

European Commission announces a new Intellectual Property Rights Strategy [Béatrice Martinet Farano]

Transatlantic Antitrust and IPR Developments, Issue No. 2/2011 (April 11, 2011)

 

Editor-in-chief: Juha Vesala, TTLF Fellow

Contributors: Gabriele Accardo, Béatrice Martinet Farano

and Juha Vesala, TTLF Fellows

Overview

 

Agreements

U.S. District Court rejects Google Books settlement [Juha Vesala]

U.S. Supreme Court denies certiorari in reverse payment settlement suit [Juha Vesala]

Advocate General advises European Court of Justice on Internet sales issues in the context of selective distribution [Gabriele Accardo]

 

Unilateral conduct

Commissioner Almunia addresses concerns over Apple’s alleged anticompetitive practices [Gabriele Accardo]

 

Mergers

Acquisition of Novell’s portfolio of patents re-filed with German Federal Cartel Office [Gabriele Accardo]

 

General

U.S. Senators announce antitrust subcommittee agenda and call for hearing on Google [Juha Vesala]

Advocate General advises European Court of Justice on use of a trademark as a keyword in Google AdWords [Béatrice Martinet Farano]

Study on the overall functioning of the European trademark system published [Béatrice Martinet Farano]