Morgan Lewis on Competition
July 2004

In this Issue:

• Antitrust Partners Among Morgan Lewis Attorneys Identified in Prestigious Chambers Leadership Directory
• Scotch Tape Purchasers Can't Make Class Action Stick:
  In a rare defense victory, a federal court declined to certify a direct purchaser class against 3M because the named plaintiff could not adequately represent the interests of all class members. Bradburn Parent/Teacher Store, Inc. v. 3M, 2004 WL 414047 (E.D. Pa. Mar. 1, 2004).
• New European Commission Rules and Guidelines on Technology Transfer Improve Licensing Environment But Still Leave Counseling Pitfalls:
  On May 1, 2004, the European Commission's new Technology Transfer Block Exemption ("TTBE") took effect, replacing the existing Regulation 240/96. The Commission has also issued new "Guidelines" that explain both how the TTBE should be applied and how agreements that do not fall within the TTBE should be evaluated.
• Morgan Lewis Antitrust Practice Partner John H. Shenefeld Appointed to Antitrust Modernization Commission
• German Court Limits Claims for Damages of Victims of Vitamin Cartel:
  In striking contrast to other jurisdictions (in particular, the U.S.), German courts continue to be hesitant to award damages to victims of cartels. In a recent decision of January 28, 2004, the Higher Regional Court of Karlsruhe ("OLG Karlsruhe") confirmed a decision of the (lower) Regional Court of Mannheim ("LG Mannheim") rejecting the request for damages of a German baby food manufacturer that had purchased vitamins and vitamin premixes from an European member of the "Vitamins" cartel.
• Articles & Speaking Engagements

For the full story, please view the PDF.