Publications

Section Newsletter Articles on Antitrust and Unfair Competition

Supreme Court upholds arbitration agreement with class action waiver “congressional mandate” must be clear to trump By Marji Swanson Labor and Employment Law, October 2013 Although FAA. American Express Co. v. Italian Colors Rest was an antitrust claim, the decision is so broadly written that it could also have implications on class-action waivers in the labor and employment arena.
Introduction to competition law in India By Tejas Shah International and Immigration Law, February 2013 An overview of India's competition laws.
Antitrust law, variant patent holdup theories, and injunctive relief in standard setting organizations By Rafael Rivera Antitrust and Unfair Competition Law, January 2013 After a brief discussion on the standard-setting process and RAND’s efficiency-enhancing characteristics, this article explores the role of antitrust law in regulating opportunistic behavior arising in standard setting organizations.
The Federal Trade Commission and Department of Justice hold workshop on most favored nations clauses—Will more enforcement follow? By Mark McCareins Antitrust and Unfair Competition Law, January 2013 On September 10, 2012, the Federal Trade Commission and the Department of Justice held a joint workshop to discuss the economic effects and legal treatment of most favored nations clauses.
Introduction to competition law in India By Tejas Shah Antitrust and Unfair Competition Law, January 2013 An overview of India's competition laws.
FTC’s recent administrative complaint In the Matter of Omnicare, Inc., PharMerica merger demonstrates continued significance of traditional market structure analysis By Richard R. Falek and Ralph V. Pantony III Antitrust and Unfair Competition Law, August 2012 The Omnicare complaint demonstrates that the FTC may use the most persuasive—and not necessarily the most current—theories to make their case.
Recent developments in litigation on “pay-for-delay” settlements By Kate O’Súilleabháin Antitrust and Unfair Competition Law, August 2012 On July 16, a unanimous panel for the U.S. Court of Appeals for the Third Circuit ruled that any payment by a pharmaceutical company owning a patent to a generics drug manufacturer who agrees to delay entry into the market is prima facie evidence of an antitrust violation.
Focus on exclusionary conduct—Recent U.S. antitrust enforcement actions against refusals to deal with customers or suppliers By Lauren N. Norris Antitrust and Unfair Competition Law, March 2012 In re Pool Corp. and other recent actions by the United States’ antitrust enforcement agencies have placed an increased focus on conduct by companies with large market shares that forecloses rivals, or potential rivals, from the market by refusing to deal, or incentivizing customers or suppliers to stop dealing, with a rival.
Latin America starts to sharpen its competition laws By Francisco Ribeiro Todorov, Tulio Freitas do Egito Coelho, Adriana Franco Giannini, Raymundo Enriquez, Reynaldo Vizcarra, and Luis Amado Cordova Antitrust and Unfair Competition Law, March 2012 The new Brazilian and Mexican laws passed this year exemplify Latin America's desire to reform anti-competitive conduct in the region.
News roundup Antitrust and Unfair Competition Law, March 2012 Recent updates of interest to antitrust & unfair competition attorneys.
Fall news roundup Antitrust and Unfair Competition Law, September 2011 Recent developments in antitrust & unfair competition law.
Mergers and acquisitions: Recent changes to the Antitrust Division’s policy guide to merger remedies mark a shift in stance on conduct remedies By Mark McCareins and Mohammad Khatib Antitrust and Unfair Competition Law, September 2011 A discussion of the DOJ Antitrust Division’s recently issued policy guide to merger remedies. The guide is intended to provide guidance to Antitrust Division staff in their work analyzing proposed remedies for mergers.
Standing of purchasers of finished products containing price-fixed components: In re Refrigerant Compressors Antitrust Litigation By Eileen Flynn Antitrust and Unfair Competition Law, September 2011 The district court’s focus on a defendant’s having both manufactured the compressors and used the compressors it manufactured in a finished product suggests that a manufacturer might not be liable to purchasers of finished products if the manufacturer did not use its own parts in the finished product.
The curious history of resale price maintenance By Charles A. Stewart Business and Securities Law, May 2011 The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
Antitrust counseling for firms with large market share: Navigating the antitrust minefield in the current era of uncertainty By James F. Mongoven Antitrust and Unfair Competition Law, April 2011 The transcript of remarks given by James F. Mongoven, Deputy Assistant Director of Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission.
Winning at the gate: A practical approach to pleading or attacking antitrust claims in the post-Twombly/Iqbal world By Beth L. Fancsali and Patrick Frye Antitrust and Unfair Competition Law, April 2011 Unlike in the pre-Twombly days, plaintiffs may now need to conduct an extensive investigation or obtain expert economic analysis in advance of filing an antitrust suit.
China’s recent regulations on price-related monopolistic conduct By Ying Deng Antitrust and Unfair Competition Law, February 2011 Firms doing business in China should be cautious that agreements executed outside of China may still be subject to the Antimonopoly Law of the People's Republic of China, provided that the activities could have some effect on the Chinese market.
Hydrogen Peroxide two years later—Antitrust class certification update By Karen Sewell Antitrust and Unfair Competition Law, February 2011 A look at the changes in antitrust class certification since In re Hydrogen Peroxide Antitrust Litigation.
Municipal antitrust immunity: A survey of Illinois decisions By Jamie Manning Antitrust and Unfair Competition Law, February 2011 A summary of the cases challenging Illinois municipalities' antitrust liability exemption.
Anti-suit injunctions in the context of international commercial arbitration, Part III By Ricardo Quass Duarte Antitrust and Unfair Competition Law, September 2010 The third installment in this analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Antitrust & unfair competition news roundup Antitrust and Unfair Competition Law, September 2010 The latest news developments in antitrust & unfair competition law.
The Antitrust Counselor: Can American Needle be reconciled with Dagher? By Mildred L. Calhoun Antitrust and Unfair Competition Law, September 2010 Four years ago the U.S. Supreme Court unanimously ruled in Texaco v. Dagher. Then in May of this year, in another unanimous opinion, the Supreme Court appears to have decided the exact opposite in American Needle v. National Football League.
Anti-suit injunctions in the context of international commercial arbitration, Part II By Ricardo Quass Duarte Antitrust and Unfair Competition Law, June 2010 An analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Courts dismiss complaints for failure to state a claim By Michael R. Lied Federal Civil Practice, June 2010 Courts in the Seventh Circuit are now regularly being asked to dismiss complaints under the new pleading standards.
From Decatur, Illinois to Hollywood: A look back at lessons learned from the ADM lysine conspiracy By Jennifer M. Dixton and Kalina M. Tulley Antitrust and Unfair Competition Law, June 2010 An interview with Jim Mutchnik, former DOJ prosecutor in the famous Archer Daniels Midland investigation.
Proposed revisions of the Horizontal Merger Guidelines are released By Rebecca A.D. Nelson Antitrust and Unfair Competition Law, June 2010 The revisions are intended to reflect the evolution of the Antitrust Division and U.S. Department of Justice since the Horizontal Merger Guidelines were first released 18 years ago.
Anti-suit injunctions in the context of international commercial arbitration, Part I By Ricardo Quass Duarte Antitrust and Unfair Competition Law, May 2010 An analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Antitrust & unfair competition May 2010 news Round-Up Antitrust and Unfair Competition Law, May 2010 Recent developments related to antitrust issues.
The Antitrust Counselor: Robinson-Patman counseling after Feesers By Mildred L. Calhoun Antitrust and Unfair Competition Law, May 2010 The recent case of Feesers, Inc. v. Michael Foods, Inc. is a fascinating example of how the Act can create significant litigation issues for a business.
Antitrust & Unfair Competition spring news round-up Antitrust and Unfair Competition Law, April 2010 Recent developments related to antitrust & unfair competition.