Recent Posts

Avoiding the Pitfalls of Selling to California Consumers
Posted on 21 Dec 2010 by arnold

Companies that sell to consumers, directly or indirectly, are subject to an array of federal and state laws and regulations. Selling goods and services to California consumers is especially challenging because the state has a panoply of uniquely stringent... Read More

High Court: Class Certification in Antitrust Case Was Improper
Posted on 27 Mar 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including... Read More

DOJ and FTC Announce Antitrust Enforcement Policy Regarding Accountable Care Organizations
Posted on 1 Nov 2011 by Ballard Spahr LLP

by Jason A. Leckerman and Leslie E. John If your organization will participate in the Medicare Shared Savings Program as an accountable care organization (ACO), you should consult with antitrust counsel so that you can minimize the risk of criminal... Read More

Third Circuit Approves Nationwide Certification in De Beers Diamond Antitrust Settlement Class
Posted on 27 Jan 2012 by Abbey Spanier

In Sullivan v. DB Investments, Inc. ("Sullivan II"), No. 08-2784, 2011 U.S. App. LEXIS 25185 (3d Cir. Dec. 20, 2011) (en banc), the Third Circuit reinstated the district court's certification of a nationwide class settlement comprising... Read More

ARTICLE: The National Pastime of the American Judiciary: Reexamining the Strength of Major League Baseball's Antitrust Exemption Following the Passage of the Curt Flood Act and the Supreme Court's Ruling in American Needle, Inc. v. NFL
Posted on 26 Apr 2012 by Corporate and Securities Law Community Staff

19 Sports Law. J. 325, Spring, 2012 Author: Avraham J. Sommer Excerpt I. Introduction Professional baseball has existed in the United States since the founding of the Cincinnati Red Stockings in 1869. The modern model of professional baseball... Read More

Antitrust Aspects of Acquisitions of Financially Distressed Businesses
Posted on 3 Jul 2008 by Ilene Knable Gotts & Nathaniel K. Asker

With increasing frequency, financial restructurings are being implemented via a variety of distressed M&A transactions: Section 363 asset sales, Chapter 11 plans, acquisitions in connection with cross-border insolvency proceedings or out-of-court... Read More

Tags: Antitrust

Deeper Look into Motions to Dismiss in a Post-Twombly and Iqbal Antitrust World
Posted on 25 May 2012 by Corporate and Securities Law Community Staff

by Dennis D. Palmer and Adam K. Fuemmeler Excerpt: 1. Recent Case Law: Applying Twombly To Parallel Conduct Cases a. Cases In Which The Court Found The Alleged Conspiracy Plausible Due likely to confusion regarding the plausibility standard... Read More

DOJ to Drop Antitrust Case If US Airways, American Give Slots to Low-Cost Carriers
Posted on 12 Nov 2013 by James Cordrey

WASHINGTON, D.C. — (Mealey’s) The U.S. Department of Justice (DOJ) on Nov. 12 proposed a final judgment with US Airways Group Inc. and American Airlines Inc. under which the DOJ would drop its merger antitrust lawsuit against the airlines... Read More

Federal Agencies Announce Revised Horizontal Merger Guidelines
Posted on 11 May 2010 by James M. Wilson, Jr.

On April 20, 2010, the Federal Trade Commission ("FTC") and the Department of Justice ("DOJ") (collectively the "Agencies") released a proposed updated version of the Horizontal Merger Guidelines ("Guidelines")... Read More

Symposium: China Institute of International Antitrust and Investment, March 21-22, Beijing China
Posted on 8 Feb 2013 by Corporate and Securities Law Community Staff

The China Institute of International Antitrust and Investment (CIIAI) was established in March 2012 by the China University of Political Science and Law, each of which is based in Beijing, with the goals of promoting due process and transparency in... Read More

High Court: Class-Action Waiver in Arbitration Clause Is Valid in Antitrust Case
Posted on 20 Jun 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) A mandatory class action waiver clause in American Express Co.'s (AmEx) standardized service contract is enforceable under the Federal Arbitration Act (FAA), even if the cost of individual arbitration of merchants'... Read More

Bundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?
Posted on 5 Sep 2014 by Sheppard Mullin

by Bruce Colbath Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as either... Read More

U.S. Supreme Court Denies Stay of American Airlines Merger With US Airways
Posted on 9 Dec 2013 by James Cordrey

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Justice Ruth Bader Ginsburg on Dec. 8 denied an emergency application by individual airline customers seeking to prevent the merger of bankrupt American Airlines Inc. and US Airways Group Inc... Read More

McGuirl on Identifying Antitrust Risks
Posted on 14 Dec 2009 by Corporate and Securities Law Community Staff

by Maureen McGuirl In reviewing contracts or business practices and otherwise advising clients, attorneys often must recognize conduct that presents antitrust risks. In this Analysis, Maureen McGuirl provides an introduction to Horizontal Restraints... Read More

Tags: Antitrust

LCD Manufacturers Settle Antitrust Class Action Suits for Almost $1 Billion (and Counting)
Posted on 7 Feb 2012 by Abbey Spanier

by Joshua Druckerman LCD screens are everywhere. These power-efficient, lightweight, and slim liquid crystal displays are ubiquitous in just about everything in consumer and industrial electronics these days. Televisions, cars, laptops, cell phones... Read More