Publications

Section Newsletter Articles on Antitrust and Unfair Competition

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.
Defining a relevant market? Better get your experts ready By Beth L. Fancsali and James J. Hegarty Antitrust and Unfair Competition Law, April 2010 An examination of the Kentucky Speedway, LLC v. National Ass’n of Stock Car Auto Racing, Inc. case, and the new Sixth Circuit's opinion emphasizing the importance of economics in reaching the core of the relevant market definition.
Antitrust legislation highlights By Jamie Manning Antitrust and Unfair Competition Law, December 2009  This report highlights several antitrust-related bills proposed by Congress this year.
A new competition regime in Canada: Issues for multinational companies and their advisors By D. Martin Low and Sorcha O’Carroll Antitrust and Unfair Competition Law, December 2009  Canada has recently passed a significant amendment to its Competition Act. Notably, the amendment introduced a per secriminal conspiracy offense.
Federal labor law preempts Illinois antitrust claim By Michael R. Lied Labor and Employment Law, September 2009 A summary of the case of Smart v. Local 702 International Brotherhood of Electrical Workers.
Antitrust news roundup—June 2009 By Tania Arora Antitrust and Unfair Competition Law, June 2009 Recent updates of interest to antitrust & unfair competition lawyers.
Recent developments in merger enforcement and policy under China’s new anti-monopoly law By Michael Jacobs Antitrust and Unfair Competition Law, June 2009 Over the past several months,four important developments have shed some light on the short-term future of merger analysis in China.
Review of Pacific Bell Telephone Co. v. linkline Comm., Inc. By Jamie Manning Antitrust and Unfair Competition Law, June 2009 In Pacific Bell Telephone Co. v. linkline Communications, Inc., the Supreme Court ruled that a plaintiff cannot bring a valid price squeeze claim where the defendant has no antitrust duty to deal with its competitors.
ABA Antitrust Section 2008 Transition Report highlights By Karen Sewell Antitrust and Unfair Competition Law, March 2009 A brief overview of the 2008 Transition Report and highlights of its main points under each of the 12 categories.
Case & regulation update By Kavita Puri Antitrust and Unfair Competition Law, March 2009 Recent updates of interest to antitrust & unfair competition practitioners.
Third Circuit’s Hydrogen Peroxide decision continues trend toward stricter class certification analysis By Jason Fliegel Antitrust and Unfair Competition Law, March 2009 The Third Circuit Court of Appeals recently joined a growing number of circuits in articulating a more rigorous standard for courts to use in assessing when to certify a class under Rule 23 of the Federal Rules of Civil Procedure in In re Hydrogen Peroxide Antitrust Litigation.
Electronic discovery in antitrust litigation By Jason Fliegel Antitrust and Unfair Competition Law, September 2008 As the scope, volume, and use of electronically stored information in day-to-day life has increased, so too has electronic discovery become an increasingly prevalent and expensive part of litigation.
Recent developments, trends, and milestones in the Antitrust Division’s Criminal Enforcement Program By Scott D. Hammond Antitrust and Unfair Competition Law, September 2008 The detection, prosecution, and deterrence of cartel offenses remain the highest priority of the Antitrust Division.
Connecticut Attorney General files antitrust lawsuit against Guy Carpenter Antitrust and Unfair Competition Law, March 2008 In 2004, New York Attorney General Elliot Spitzer charged several large insurance brokers with improperly attempting to use their leverage with insurers to make contingent commissions bonuses a certainty rather than a possibility without disclosing the situation to their customers.
Connecticut Attorney General files antitrust lawsuit against Guy Carpenter Insurance Law, March 2008 In 2004, New York Attorney General Elliot Spitzer charged several large insurance brokers with improperly attempting to use their leverage with insurers to make contingent commissions bonuses a certainty rather than a possibility without disclosing the situation to their customers.
Ninth Circuit rejects LePage’s and creates Circuit split on treatment of bundled discounts By Jonathan L. Lewis Antitrust and Unfair Competition Law, March 2008 On February 1, 2008, the Ninth Circuit issued a superseding and amended opinion in an important case regarding the antitrust treatment of “bundled discounts”—that is, selling “a bundle of goods or services for a lower price than the seller charges for the goods or services purchased individually.”
State law limitations on the impact of Leegin By Blake L. Harrop Antitrust and Unfair Competition Law, March 2008 In June of 2007, the U.S. Supreme Court overruled a nearly 100-year-old decision in Dr. Miles Medical Co. v. John D. Park & Sons Co.
Forget steroids and gambling—MLB’s next political quagmire may be a closer look at its antitrust exemption By Frank N. DeBoni Young Lawyers Division, December 2007 A successful claim for antitrust violations could have a crippling effect on MLB. 
The impending demise of Dr. Miles? By Jonathan L. Lewis Antitrust and Unfair Competition Law, February 2007 On March 26, 2007, the United States Supreme Court will hear argument in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, to decide whether vertical minimum resale price maintenance agreements should continue to be deemed per se illegal under Section 1 of the Sherman Act or be held subject to the rule of reason.
Debt-collection affidavits under Fair Debt Collection Practices Act: No immunity for attorneys filing un-investigated garnishment affidavits By Mark L. Evans Antitrust and Unfair Competition Law, September 2006 A recent ruling by the Sixth Circuit Court of Appeals suggests that debt collectors must be more diligent in their investigations.
Comparing scotch and bourbon regulations By Chris Willis Antitrust and Unfair Competition Law, June 2006 As with most any consumer regulation, regulations as to whisky face a dual challenge. It is important that customers not be deceived by the label, and that the common understanding of the terms used on the label corresponds to what is in the package. A further, and sometimes competing, goal, is customer satisfaction: ensuring that, within the regulations, room is made so that products are available which meet customers tastes.
Free magazines and the Tooth Fairy By Cathay Smith Antitrust and Unfair Competition Law, June 2006 This article discusses “free magazine subscriptions” that result in negative option plans.
Fringe lending: The need to reel in corporate loan sharks By Mark L. Evans Antitrust and Unfair Competition Law, June 2006 In order to protect consumers from the dangers caused by fringe market lending, federal preemption should be eliminated, and states should be free to establish effective interest rate caps and transparency requirements.
The rhetoric of gun-jumping Antitrust and Unfair Competition Law, April 2006 Remarks by William Blumenthal, General Counsel of the FTC, before the Association of Corporate Counsel, Annual Antitrust Seminar of Greater New York Chapter.
European Competition Law Commission record fine: 497 million Euros against Microsoft By Sac’i Nakano International and Immigration Law, May 2004 On March 24, 2004, after more than five years of investigation, the European Commission concluded that Microsoft violated EU competition law.
Competition policy in the new economy Antitrust and Unfair Competition Law, March 2003 The greatest challenge to competition policy at the beginning of the 21st century is the acceleration of technical change and innovation that has created a new competitive dynamism in a range of markets sometimes collectively referred to as the "new economy."
The antitrust counselor: Competitor communications regarding price By Mildred L. Calhoun Antitrust and Unfair Competition Law, December 2002 Probably the single most repeated piece of advice given by antitrust lawyers to their clients is to avoid communications with competitors regarding prices.
The Second and Fifth Circuits disagree over the scope of the Foreign Trade Antitrust Improvements Act By John L. Conlon Antitrust and Unfair Competition Law, October 2002 Each year the United States and other nations become more integrated into a global economy.