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Newsletter articles from 2004
Clarett v. National Football League
The 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.
Consumer protection in India
In the age of globalization and a growing trend toward free trade, the consumer in today's market is at a significant disadvantage.
Danger signs in vertical pricing arrangements
One 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.
This issue leads off with an analysis of the long-awaited joint FTC and DOJ report examining competition in the health care sector.
Our final issue of the 2003-2004 term begins with two pieces that focus on the interplay between antitrust and intellectual property law.
This issue kicks off with a reprint of a fascinating address by R. Hewitt Pate, Assistant Attorney General, Antitrust Division, U.S. Department of Justice, explaining how a common law approach to antitrust law in the U.S. has allowed courts and enforcers to incorporate sophisticated techniques into their analysis, as such concepts become available. Mr. Pate shows how the European Union is beginning to employ the same incremental approach to competition law.
Filled with practical advice and timely commentary, the December issue of the Antitrust & Unfair Competition Law newsletter is bound to make the perfect gift for that hard-to-shop-for antitrust lawyer on your holiday gift list!
First Data and Concord merger primer
The Department of Justice filed suit on October 23, 2003 to block the proposed merger between First Data, Corp. and Concord EFS, Inc.
In re Flat Glass Antitrust Litigation
In 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.
Infusion Resources v. Minimed, 351 F.3d 688 (5th Cir. 2003)
Infusion 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 antitrust decisions
United 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 BCS
The 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.