Commission Approves Filing of Joint Amicus Brief with DOJ on Direct Purchaser Antitrust Issues

The Commission has approved the filing of a joint amicus brief with the U.S. Department of Justice in the matter of Ritz Camera & Image, LLC v. SanDisk Corporation, No. 12-1183 (Fed. Cir.). The case concerns whether the Federal Circuit should affirm the district court’s holding that the appellee, a direct purchaser of the defendant’s products, has standing under the antitrust laws to seek damages for overcharges resulting from a monopoly obtained through the enforcement of patents secured through fraud (a so-called “Walker Process” antitrust claim).

The Commission vote approving the filing of the joint amicus brief was 5-0. It was filed with the U.S. Court of Appeals for the Federal Circuit on May 22, 2012. (FTC File No. P082105; the staff contact is John F. Daly, Office of the General Counsel, 202-326-2244).

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust@ftc.gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., Room 7117, Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

(FYI 18.2012.wpd)

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