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 |  December 23, 2015

In this issue:

In Motorola Mobility II, the Seventh Circuit reheard a lawsuit regarding the extent of U.S. antitrust law’s reach outside of the United States, as governed by the FTAIA. We looked at this case last year but, given its importance, felt it was important to revisit the latest ruling—which just might inspire the Supreme Court to take a look. Plus we have two special articles—Michelle Miller & Janusz Ordover bring us the latest on patent trolls while Charles Tingley & Mark Katz review key Canadian competition and foreign investment review trends.


Motorola Mobility Redux

David Barth, Jan 29, 2015

The Motorola Decision Overlooks How Cartels and Corporate Families Operate

Courts should seek to avoid pernicious results that will decrease economic efficiency. David Barth (Bates White)

Robert Connolly, Jan 29, 2015

Why the Motorola Mobility Decision was Good for Cartel Enforcement and Deterrence

If the United States is seen as a competition bully, the blowback in other areas besides cartels could be far reaching. Robert Connolly (GeyerGorey)

Eleanor Fox, Jan 29, 2015

Extraterritoriality and Input Cartels: Life in the Global Value Lane—The Collision Course with Empagran and How to Avert It

U.S. law is in danger of creating a void in the reach of U.S. antitrust law to reprehend anticompetitive acts by foreigners abroad destined to raise the price of goods and services to U.S. consumers. Eleanor Fox (NYU School of Law)

Joseph Harrington, Jan 29, 2015

The Comity-Deterrence Trade-off and the FTAIA: Motorola Mobility Revisited

Just as striking as the absence of the comity-deterrence trade-off in the Seventh Circuit’s analysis is any mention of final U.S. consumers. Joseph E. Harrington, Jr. (Wharton)

James Martin, Jan 29, 2015

Judge Posner Speaks on the FTAIA: Rejects Fermat’s Principle of Least Time

Using the FTAIA to determine which private plaintiffs can seek treble damages for hard-core violations is like trying to pound a nail with a wrench. James R. Martin (Dickstein Shapiro)

Randy Stutz, Jan 29, 2015

The FTAIA in Flux: Foreign Component-Goods Cases Have Tripped, But Have They Fallen?

Raising the question of whether anyone can recover under U.S. antitrust laws when price-fixed components are first sold abroad before they are imported into the United States as part of a finished product. Randy Stutz (American Antitrust Institute)

Of Special Interest

Michelle Miller, Janusz Ordover, Jan 29, 2015

Intellectual Ventures v. Capital One: Can Antitrust Law and Economics Get Us Past the Trolls?

The tactics employed by trolls require innovative application of legal doctrine, and existing jurisprudence provides a framework to curb the abuses. Michelle D. Miller (WilmerHale) & Janusz A. Ordover (NY Univ.)

Mark Katz, Charles Tingley, Jan 29, 2015

Key Competition and Foreign Investment Review: Trends for Canada in 2015

These developments illustrate the ever-increasing ability of both the Bureau and its counterpart agencies abroad to reach beyond domestic borders in the administration and enforcement of competition laws. Charles Tingley & Mark Katz (Davies Ward)