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Antitrust and Unfair Competition LawThe newsletter of the ISBA’s Section on Antitrust & Unfair Competition Law

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Newsletter articles from 2003

The Antitrust Counselor: Benchmarking By Mildred L. Calhoun October 2003 The impetus to benchmark waxes and wanes according to the current management theory in vogue at any given time, but regardless of management imperatives, benchmarking always requires significant antitrust scrutiny.
Competition policy in the new economy 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."
Editor’s note June 2003 Before you do anything else, please take two minutes to fill out the questions in the survey that is included in this newsletter and invest $.37 to tell us how the section can best serve you in your practice.
Editor’s note March 2003 As in the last few issues, Nick Franczyk and I have summarized some recent antitrust cases.
Editor’s notes October 2003 In November 19, 2003, at 12:00 Noon at the Chicago Bar Association, your ISBA Antitrust & Unfair Competition Law Section will present jointly with the CBA's Antitrust Law Committee the second of two sessions focusing on the nuts and bolts of class action antitrust practice.
A flash in the pan: The brief existence of the Anti-Monopoly Party By Spencer Weber Waller and Joshua Fink June 2003 While 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 Boffa June 2003 Whether 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
FTC holds healthcare hearings in effort to broaden enforcement framework By Leatrice Berman Sandler March 2003 The 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."
FTC intervening to limit fees in private class actions By David A. O’Toole March 2003 Can anyone tell me where I can get a good deal on carbon paper?
Illinois revises its antitrust statute By Blake L. Harrop and Livia S. West June 2003 On 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.
ISBA Antitrust Section survey June 2003 The Antitrust Section Council needs your help!
Maker of George Foreman™ contact grill settles complaint with attorneys general of 45 states By Robert E. Draba March 2003 Section 1 of the Sherman Act provides that "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal."
The next big thing in antitrust By Spencer Weber Waller March 2003 Although the Supreme Court has not taken many antitrust cases in recent years, this is about to change.
The NFR Letter- A potential property tax blessing in disguise By Kevin B. Hynes October 2003 For those redeveloping contaminated properties, the daunting task of obtaining a No Further Remediation Letter ("NFR Letter") is a major barrier to bringing a property back to productive use.
The process of siting a municipal waste transfer station or landfill By David W. McArdle October 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
Recent cases of interest March 2003 In re: Public Offering Fee Antitrust Litigation, 2002 U.S. App. LEXIS 25717, 52 Fed. Appx. 548 (2d Cir., 2002).
The Seventh Circuit finally gets into the (Foreign Trade Antitrust Improvements) Act By David A. O’Toole June 2003 Given 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 decisions June 2003 Plaintiff 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.