Rising Antitrust Enforcement Activities in China s Internet Sector | K&L Gates LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
We are witnessing a swing in the antitrust pendulum from minimalist to populist poles. This entry briefly highlights the dynamics, potential changes, and, perhaps more importantly from a counseling perspective, what will change and what will remain the same.
Summary
The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”). Earlier this year, a collaboration of fifteen private and public universities sought specific guidance from the DOJ with regard to a non-Standard Essential Patents (“SEPs”) patent pool. In its response, the DOJ found that the design, contractual structure, and antitrust safeguards employed in the collaboration minimized legal risk while promoting procompetitive licensing, increased output, and innovation. Higher education clients with robust physical sciences and engineering programs may find this guidance helpful when exploring their own non-SEP patent pool collaboration opportunities.
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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 take not
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