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Google Asks Court to Narrow Scope of Rumble's Antitrust Case in MTD

Google Asks Court to Narrow Scope of Rumble's Antitrust Case in MTD
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FOSS Patents: Fortress Investment and subsidiaries seek dismissal of Apple and Intel's second amended antitrust complaint over patent aggregation


As always in antitrust litigation, market definition is key. Fortress says Apple and Intel s new definitions aren t better: the patents are the same, and it s still about technical fields (not specific functions ). Fortress furthermore argues some of the patents do not fit [Apple and Intel s] new market definitions.
The next step is to establish market power in a given market. Here, Fortress criticizes that the complaint does not identify a single price much less a supracompetitive one that anyone has ever paid to license any of Defendants’ patents (just damages demands). Fortress furthermore says the complaint doesn t plead aggregation in the sense of having acquired all or even most of the substitutes in the alleged markets, or that Defendants have aggregated the most important substitutes i.e., the crown jewels in any of the markets. And Fortress argues that makret power alone wouldn t suffice: reduced output is allegedly an indispensable additional require ....

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Notice of Appeal - Spring 2021 | Cozen O'Connor


Background
A bank failed to report certain overdue loans, although three regulators the Securities and Exchange Commission, Federal Reserve, and Office of Thrift Supervision purportedly required the disclosure. After the failure, the Government charged executives of the bank for securities fraud and making false statements to regulators, alleging the bank falsely reported the loans. On appeal, Defendants argued that the regulators’ reporting requirements were ambiguous as each regulator had described its reporting requirement slightly differently than the other.
Holding
The Court reversed Defendants’ false-statement convictions and entered judgments of acquittal. The Court determined that, when such reporting requirements are ambiguous, the Government must prove falsity under each objectively reasonable interpretation of the reporting requirement. Alternatively, the Government must prove that its interpretation is the only objectively reasonable one. ....

United States , New Jersey , Kenneth Smukler , Andrew Lucas , Third Party , Court Failure To Address Complaints , Court Requires Heightened Willfulness Standard , Court Invalidates Forfeiture Order , Diamond Developers Slip Op , Election Commission , Court Bans Safe , Office Of Thrift Supervision , Failure To Group Production , District Court , Federal Reserve , Diamond Developers , Supreme Court , Exchange Commission , Court Lacks Jurisdiction To Hear Indictment , Precedential Opinions , Thrift Supervision , Anti Drug Abuse Act , Anti Drug Abuse , Lacks Jurisdiction , Hear Indictment Defect , Invalidates Forfeiture Order ,

Antitrust Authorities Focused On Employer Collusion In Labor Markets: DOJ Antitrust Division Brings Another Criminal No-Poach, Wage-Fixing Case | Vinson & Elkins LLP


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The Department of Justice’s (“DOJ”) Antitrust Division has brought its third criminal antitrust case involving labor markets this time against a healthcare staffing company and its former manager for allegedly agreeing not to solicit or hire its competitor’s contract nurses and to fix wages for those nurses. The case comes on the heels of the Antitrust Division’s first-ever criminal case involving “no-poach” conduct brought in January 2021, where it charged Surgical Care Affiliates, LLC (“SCA”) for allegedly agreeing with a competitor not to solicit one another’s senior-level employees. Another indictment focused on wage-fixing conduct was announced in December 2020. The Antitrust Division now has three active criminal cases involving agreements to restrict competition in health-care related labor markets. Similar investigations in other industries are believed to be pending. Companies should ta ....

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