Distribution, Competition, and Antitrust / IP Law

Antitrust Analysis of Joint Ventures – Part 2

I’ve begun a new blog series on the antitrust analysis of joint ventures on the Orrick AntitrustWatch blog.  Here’s a link to the second article.  As I wrote there:

In this installment, we will unpack some of the major antitrust issues surrounding the threshold question of whether or not a JV is a legitimate collaboration.  In particular, we will first try to separate the analyses of, on the one hand, JV formation, and on the other, JV operation and structure.  Then we will consider whether a JV (i) constitutes a “naked” agreement between or among competitors which is per se unlawful, (ii) presents no significant antitrust issue because there is only a single, integrated entity performing the JV functions, or (iii) involves restraints within the scope of a legitimate collaboration that are virtually per se lawful.

Happy Holidays

Blogging will resume after New Year’s.

T-Mobile’s State Law Claims Dismissed in LCD (Flat Panel) Case

In re: TFT-LCD (Flat Panel) Antitrust Litigation, No. M 07-1827 SI (Feb. 6, 2012) (Illston, J.)

Judge Illston dismissed T-Mobile’s California and New York state law price-fixing claims, ruling that because T-Mobile did not allege that it had made purchases in California or New York, it could not invoke the laws of those states.  Judge Illston refused to dismiss T-Mobile’s allegations against Sanyo, noting that it had already ruled against Sanyo in connection with Motorola Mobility’s substantially identical claims.

 

Happy New Year

More posts coming in the near future.

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