Tuesday, December 3, 2019

Ninth Circuit schedules oral argument in FTC v. Qualcomm for February 13, 2020 (San Francisco)

The United States Court of Appeals for the Ninth Circuit will hear oral argument from appellant Qualcomm and appellee the Federal Trade Commission (FTC) in the antitrust matter originating from the Northern District of California on Thursday, February 13, 2020, at 9:30 AM Pacific Time.

The court's website does not yet list the circuit judges on the panel. In this case, the composition of the panel will play a far greater role than in most antitrust cases as Qualcomm has managed, through lobbying and PR and with help from its former lawyer and forever-loyal supporter Makan "Macomm" Delrahim (Antitrust Assistant Attorney General), to politicize a case that actually raises business issues without any ideological dimension.

The FTC filed its answering brief to Qualcomm's appeal the week before Thanksgiving:

While the FTC's consistent efforts to enforce the antitrust laws have lately been described as a "lonely battle with Qualcomm" in light of Qualcomm's settlement with Apple earlier this year, the FTC received broadbased and sophisticated support last week from a wide range of stakeholders (several of whom are affiliated with the GOP--such as former Reagan and Bush 43 Administration officials--while others are on the liberal side of the political spectrum):

Qualcomm will file its reply brief in a couple of weeks.

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