Distribution, Competition, and Antitrust / Intellectual Property (IP) Law

Digital Content Producers (Still) Lack Antitrust Standing to Sue Wireless Carriers Over MMS

In a prior post, I covered the district court’s decision in Davis v. AT&T Wireless Services, Inc.  There, the Central District of California dismissed antitrust claims against various wireless telephone companies and other defendants brought by a purported class of commercial producers of multimedia content. Plaintiffs claimed that when the wireless carriers created the Multimedia Messaging Service standard for sending multimedia data files, they agreed not to implement digital rights management measures that would have protected materials copyrighted by third parties. Allegedly, the carriers’ motive was to increase revenues and profits from the use of MMS. The court ruled that the plaintiffs had not alleged antitrust injury, and therefore lacked antitrust standing.

On April 17, 2014, in an unpublished, two-page opinion, the Ninth Circuit affirmed the dismissal of the antitrust claims, agreeing that plaintiffs lack standing.

Perhaps obvious moral of the story: in evaluating potential antitrust claims on either side of the “v.,” it’s vital to consider whether the plaintiffs have standing to assert them.

On the Difficulty of Dauberting Antitrust Economists

It's difficult.  Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of plaintiffs' economist, who has … [Continue reading]

UC Hastings — Antitrust and IP

I'm pleased to have spoken today to a group of law students at the University of California, Hastings College of the Law on the intersection of antitrust and IP law.  It was nice to see an almost-full lecture hall -- lots of interest in the topic. … [Continue reading]

Book Review: Louis Kaplow’s Competition Policy and Price Fixing

Competition Policy and Price Fixing

Undoubtedly you’ve seen television commercials by a well-known insurance company where one character turns to another and says: “you can save 15% or more in 15 minutes.” The other character then replies: “everyone knows that, but did you know . . . … [Continue reading]

U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity

The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don't have to satisfy the actively-supervised requirement to enjoy … [Continue reading]

Hot Topics in Intellectual Property and Antitrust Law

I've posted my slides from my webinar presentation on hot topics in IP and antitrust law.  You can find them here. … [Continue reading]

Speaking on Hot Topics in Antitrust/IP Law

On February 19, 2014, I'll be speaking on hot topics at the intersection of antitrust and IP law.  See this link for more information about the webinar. … [Continue reading]

Strategic Refusals to License IP — Slide Deck

I've uploaded my slide deck from the Advanced Antitrust U.S. conference (Feb. 6, 2014) on strategic refusals to license IP.  You can find a copy here. … [Continue reading]

Lithium Ion Batteries Court Addresses Illinois Brick Exception, Finds Standing for Certain Indirect Purchasers of Component Products

In In re: Lithium Ion Batteries Antitrust Litigation, 2014 U.S. Dist. LEXIS 7516 (N.D. Cal. Jan. 21, 2014) (Gonzalez Rogers, J.), the Northern District of California largely rejected a motion to dismiss an antitrust price-fixing complaint, but held … [Continue reading]

Speaking at “Advanced Antitrust U.S.” Conference on February 6

I'm pleased to be speaking at the "Advanced Antitrust U.S." Conference on February 6, 2014 in San Francisco.  I'll be speaking on "Antitrust and Intellectual Property," along with my co-panelists, Dean Pinkert, U.S. International Trade Commissioner, … [Continue reading]

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