Antitrust and Unfair Competition Law Section

Employers and business owners breathed a collective sigh of relief on April 24, 2019, when the United States Supreme Court issued its highly anticipated ruling in Lamps Plus, Inc. v. Varela, No. 17-988, ___ U.S. ___, 139 S. Ct. 1407 (2019), and held, in a 5-to-4 decision, that under the Federal Arbitration Act (FAA), an ambiguous agreement cannot provide the basis for concluding that the parties agreed to submit to class arbitration. The Varela opinion reaffirms the Court’s decision in Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp., 559 U. S. 662 (2010), which held that a court may not compel class arbitration when an agreement is silent on the availability of such proceedings. Read more

The United States Supreme Court held that consumers have standing to pursue a putative antitrust class action against Apple for monopolization. In Apple Inc. v. Pepper, et al., Case No. 17-204 (May 13, 2019), the Court ruled 5-4 that the consumer plaintiffs were not barred by the “indirect purchaser rule” that generally limits standing in federal antitrust cases for damages to direct purchaser plaintiffs only. Read more

On March 29, 2019, Judge Morrison England of the Eastern District of California denied a Rule 12(b)(6) motion to dismiss filed by defendants Wal-Mart Stores, Inc. (“Walmart”) and American International Industries, Inc. (“AI”) (collectively, “Defendants”) in Stiles v. Wal-Mart Stores, Inc., et al., No. 2:14-cv-02234-MCE-DMC, 2019 WL 1429651 (E.D. Cal. Mar. 29, 2019). Defendants argued that Plaintiff Sharidan Stiles (“Plaintiff” or “Stiles”)—the inventor, patent-holder, and manufacturer of a disposable beauty styling razor alleged to have been sold at Walmart’s stores from 2006 to 2012 (the “Stiles Razor”)—failed to sufficiently allege claims under Section 1 of the Sherman Act and the Cartwright Act. Read more

Plaintiff Orion Telescopes & Binoculars [Orion] designs beginner to intermediate market telescopes, contracts with a manufacturer to build them and then sells them. Two manufacturers dominate the supply for telescopes in the United States. Defendant Ningbo Sunny Elect Co. Ltd. [Ningbo] is a telescope manufacturer that also owns its own distributors. Orion sued Ningbo under both Sections 1 and 2 of the Sherman Act for conspiring with the other principal manufacturer [Settling Defendant] to fix prices and monopolize the market for telescopes. Read more

In an effort to strengthen existing consumer privacy laws and address privacy concerns stemming from new technology, California lawmakers proposed “Your Data, Your Way.” This package of legislation seeks to empower consumers with the ability to better control their digital footprint and know its worth. Read more

On April 9, 2019, the California Senate Standing Committee on Judiciary voted 5-3 in support of advancing SB 561 out of their committee. SB 561 would expand the private right of action under the California Consumer Protection Act (“CCPA”) beyond damages for data breaches, remove the 30-day cure period for Attorney General (“AG”) enforcement actions, and remove the AG obligation to provide compliance opinions. The bill now moves to the Senate Standing Committee on Appropriations. Read more

In late February 2019, Attorney General Xavier Becerra and several state legislators proposed substantial amendments to the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. (“CCPA”), that, if adopted, would expand the scope of the private right of action under the Act and scale back procedural safeguards enacted in the original statute that would have potentially shielded companies from greater liability. Read more

On March 29, 2019 the Federal Trade Commission (“FTC” or “Commission”) announced its Opinion and Final Order against generic pharmaceutical manufacturer Impax Laboratories LLC (“Impax”). The Commission ruled that Impax engaged in an illegal pay-for-delay, or “reverse payment” settlement to delay the sale of a generic version of Endo Pharmaceuticals, Inc. (“Endo”)’s branded extended-release opioid pain reliever, Opana ER. The Opinion reverses the May 18, 2018 Initial Decision in which the Chief Administrative Law Judge dismissed all antitrust charges against Impax after an administrative trial. Read more

As the U.S. and China remain locked in negotiations over ways to resolve trade tensions, what is the impact of trade war on U.S. businesses investing in, trading with, or doing business in China? For those companies that operate across borders pursuing commercial interests in the China market, what are the legal challenges, how to navigate the fast-evolving legal landscape, and how to effectively minimize legal risks in China-related transactions? Read more

This conference is an ideal opportunity to hear from the views of several highly experienced practitioners from Fangda Partners, a leading Chinese law firm, who have steered clients through the legal challenges in the China market. The topics covered in the conference include the latest developments in M&A, the complexities of China-related antitrust issues, China’s stricter rules on data protection, China’s changing IP laws, and the most effective strategies for resolving disputes in China. Please join us for a practical insight into the tools, trends, and opportunities for overcoming the legal barriers of doing business in China. A Meet & Mingle networking reception will be hosted after the program. Read more