Recent case summariesMay 2006In the first of three antitrust decisions this term, the Supreme Court, in a 7-2 opinion written by Justice Ginsburg, held that a manufacturer may not be held liable for secondary-line price discrimination under the Robinson-Patman Act in the absence of a showing that the manufacturer discriminated between dealers competing to resell its product to the same retail customer.
Crafting an appropriate standard for measuring competitive impact in bundling casesBy Brian P. NortonApril 2006In the first of three antitrust decisions this term, the Supreme Court, in a 7-2 opinion written by Justice Ginsburg, held that a manufacturer may not be held liable for secondary-line price discrimination under the Robinson-Patman Act in the absence of a showing that the manufacturer discriminated between dealers competing to resell its product to the same retail customer.
The rhetoric of gun-jumpingApril 2006Remarks by William Blumenthal, General Counsel of the FTC, before the Association of Corporate Counsel, Annual Antitrust Seminar of Greater New York Chapter.
Case summariesDecember 2005The Plaintiff Federal Trade Commission (“FTC” or “Commission”) issued complaints against two music distributors and their affiliates alleging that they had agreed to cease advertising certain recordings of The Three Tenors in violation of § 5 of the FTC Act, 15 U.S.C. § 45.
Merger enforcement after Arch CoalBy Mildred L. CalhounApril 2005This issue leads off with a look at developments in the area of merger enforcement actions in light of two recent federal court decisions: Federal Trade Commission v. Arch Coal, Inc. and United States v. Oracle Corp.
Oracle beats the government’s Section 7 caseBy John L. ConlonApril 2005The Department of Justice's Antitrust Division and 10 states (collectively, the "government") lost in their effort to have Oracle Corporation enjoined from acquiring PeopleSoft, Inc. because such an acquisition allegedly would violate §7 of the Clayton Act. U.S. v. Oracle Corp., 331 F. Supp. 2d 1098 (N.D. Cal. 2004).
In re Flat Glass Antitrust LitigationNovember 2004In late September, the Third Circuit reversed in part the Western District of Pennsylvania's grant of summary judgment for a defendant glass manufacturer alleged to have participated in a price-fixing conspiracy.
The Antitrust Criminal Penalty Enhancement and Reform Act of 2003By Bridget C. KevinJune 2004On October 29, 2003, Senators DeWine (R-OH) and Kohl (D-WI) introduced the Antitrust Criminal Penalty Enhancement and Reform Act of 2003 (S. 1797)1 to modify the existing antitrust laws in three chief ways.
Infusion Resources v. Minimed, 351 F.3d 688 (5th Cir. 2003)June 2004Infusion Resources, Inc. and Diabetes Resources, Inc., d/b/a Insulin Infusion Specialties ("IIS"), brought suit against Minimed, Inc. ("Minimed") for price discrimination under the Robinson-Patman Act ("RPA"), 15 U.S.C. Section 13(a)/ Section 2(a) Clayton Act, and the Louisiana Price Discrimination Act ("LPDA"), La. R.A. Section 51:3331; a claim for lack of fair dealing under the Louisiana Unfair Trade Practices Act ("LUPTA"), La. Section 51:1409; and claims for breach of the implied duty of good faith, breach of contract, defamation and violation of trade secrets.
Recent HSR enforcement actions: Understanding the limits of the investment-only exemptionBy Jennifer Clarke-SmithJune 2004Two recent Hart-Scott-Rodino Act enforcement actions by the Federal Trade Commission ("FTC") and the Department of Justice's Antitrust Division ("DOJ") highlight the importance of being well informed about the limits of the Act's exemption for investments made solely for the purpose of investment.
Clarett v. National Football LeagueMarch 2004The district court for the Southern District of New York granted Maurice Clarett's Sherman Act Section 1 motion for summary judgment challenging an NFL rule that prohibits teams from drafting players who are not at least three seasons removed from their high school graduation.
Danger signs in vertical pricing arrangementsBy Blake L. HarropMarch 2004One of the most difficult areas of counseling under the antitrust laws is in the area of Resale Price Maintenance ("RPM"), an area where suppliers become actively involved with the resale prices of their customers.
Consumer protection in IndiaBy Karen KasparJanuary 2004In the age of globalization and a growing trend toward free trade, the consumer in today's market is at a significant disadvantage.
Recent antitrust decisionsJanuary 2004United States v. Visa U.S.A., Inc., 344 F.3d 229 (2d Cir. 2003): Defendants Visa, U.S.A., Inc., VISA International Corp. and MasterCard International Inc., appealed the District Court's finding that their "exclusivity plans" violated section 1 of the Sherman Act. Visa, U.S.A. and MasterCard, each a joint venture of numerous banks, had membership rules that allowed their members to offer both Visa and MasterCards, but prohibited the members from offering any other competing charge or credit card.
Unsportsmanlike conduct committed by the BCSBy Nicole HannaJanuary 2004The college football season thus far has been more exciting than in previous years. Dominant schools are being upset by traditionally weak schools, bridging the gap that was once so prevalent in college football, and thus making it seem as though all college football teams are standing on equal ground.
A flash in the pan: The brief existence of the Anti-Monopoly PartyBy Spencer Weber Waller & Joshua FinkAdministrative Law, June 2003While antitrust began in the United States as part of the politics of the nineteenth century populist movement, it has become in modern times a highly specialized conversation among experts that has lost much of its political punch and, indeed the attention or interest of the general public.
Foreign plaintiffs and U.S. Antitrust Law: Who can sue under the FTAIA?By Michael BoffaAdministrative Law, June 2003Whether a foreign plaintiff must demonstrate that a U.S. market effect gives rise to their claim under the Federal Trade Antitrust Improvements Act (FTAIA) before suing under U.S. trade laws has been the subject of much debate
Illinois revises its antitrust statuteBy Blake L. Harrop & Livia S. WestAdministrative Law, June 2003On April 4, 2003, the Illinois House of Representatives voted 117-0 to adopt HB 3468, a bill to amend certain procedural aspects of the Illinois Antitrust Act, 740 ILCS 10/1 et seq.
The Seventh Circuit finally gets into the (Foreign Trade Antitrust Improvements) ActBy David A. O’TooleJune 2003Given that three other circuit courts have posited three different interpretations of the Foreign Trade Antitrust Improvements Act, it would have hardly seemed possible for the Seventh Circuit to plow any new intellectual ground on the subject.
Summaries of recent decisionsAdministrative Law, June 2003Plaintiff alleged that defendant's exclusive contracts with retail stores for the placement of at-shelf coupon dispensers foreclosed competition in violation of the Sherman Act, the Illinois Antitrust Act, the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1, et seq.) and common law.
Competition policy in the new economyMarch 2003The 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."
FTC holds healthcare hearings in effort to broaden enforcement frameworkBy Leatrice Berman SandlerAdministrative Law, March 2003The Federal Trade Commission, in collaboration with the Department of Justice, is about to embark on 25 days of hearings beginning in late February and extending through October 2003 on the subject of "Health Care and Competition Law and Policy."
