Section Newsletters

Articles on Antitrust and Unfair Competition

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 & Kalina M. Tulley 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 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 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 May 2010 Recent developments related to antitrust issues.
The Antitrust Counselor: Robinson-Patman counseling after Feesers By Mildred L. Calhoun 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 April 2010 Recent developments related to antitrust & unfair competition.
Defining a relevant market? Better get your experts ready By Beth L. Fancsali & James J. Hegarty 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 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 & Sorcha O’Carroll 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 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 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 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 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 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 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 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 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 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 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 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 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 September 2006 A recent ruling by the Sixth Circuit Court of Appeals suggests that debt collectors must be more diligent in their investigations.
Dicta Rising to Doctrine: Independent Ink resolving the presumption of market power from patents used in antitrust tie-ins By David C. Brezina September 2006 On March 1, 2006 the Supreme Court in Illinois Tool Works Inc. v. Independent Ink Inc., ___ US ___, 126 S Ct 1281 , 74 USLW 4154 , 77 USPQ 2d 1801, 2006 US LEXIS 2024 (2006) reversed a line of cases that held that in an antitrust tie-in, where the tying product is patented or copyrighted, market power could be presumed.
Comparing scotch and bourbon regulations By Chris Willis 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 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 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.

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