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Free Excerpt: California State Antitrust and Unfair Competition Law-Exemptions, Immunities, and Other Defenses to Antitrust Liability; Labor Exemption

California State Antitrust and Unfair Competition Law Copyright 2009, Matthew Bender & Company, Inc., a member of the LexisNexis Group. CHAPTER 13 EXEMPTIONS, IMMUNITIES, AND OTHER DEFENSES TO ANTITRUST LIABILITY 1-13 CA Antitrust and Unfair Competition Law § 13.01 AUTHOR: By: Patrick...

Free Download: California State Antitrust and Unfair Competition Law-Whistleblowing Protections for Employees Who Report Violations of State Antitrust Laws

By: Cheryl D. Orr, Robert Spagat, and Nicole P. Dogwill NOTE: The statute link below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE The Cartwright Act does not include a whistleblower protection provision to protect employees...

American Needle, Inc. v. National Football League, et al., 2010 U.S. LEXIS 4166 (May 24, 2010)

LexisNexis Overview: Agreements among a football league, its teams, and a licensor formed by the teams to license their intellectual property constituted concerted action that was subject to antitrust scrutiny under 15 U.S.C.S. § 1. The teams' decisions to collectively license their separately...

High Court: NFL Licensing Conduct Constitutes Concerted Action

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 24 unanimously held that conduct by the National Football League, its 32 teams and the clubs’ wholly owned licensing company in granting an exclusive license to Reebok International Ltd. to use the NFL’s and teams’...

Legal News Video Update - June 1, 2010

Among the stories on this video edition of LexisNexis Legal News, the U.S. Supreme Court finds the NFL acted in concerted action in granting a company an exclusive license to use team trademarks on apparel, and, rules that ERISA provides a court discretion to award fees and costs to either party in a...

Supreme Court Applies “Functional Analysis” to Determine Joint Venture Is Not a “Single Entity” Immune from Antitrust Liability

by James R. McGibbon, Carla Wong McMillian, Jeffrey P. Bialos, Steuart H. Thomsen In American Needle, Inc. v. National Football League , 560 U.S. __ (2010), the Supreme Court unanimously held that teams in the National Football League and a corporate entity that they formed to manage their intellectual...

Greenberg Traurig Alert: Supreme Court Unanimously Finds NFL’s Joint Licensing Activities are Subject to Antitrust Rule of Reason

In the valedictory antitrust opinion of Justice John Paul Stevens, joined by all eight other justices, the Supreme Court held on May 24, 2010, in American Needle, Inc. v. National Football League , et al., that collective licensing activities of member teams of the National Football League (NFL) constitute...

Greenberg Traurig Alert-Second Circuit Invites Petition for In Banc Review in Reverse Payment Case

In a per curiam decision issued on April 29, 2010, a Second Circuit Court of Appeals panel ruled in Arkansas Carpenters Health & Welfare Fund v. Bayer AG ("Cipro") ,1 that Bayer AG, the manufacturer of the branded antibiotic Cipro, and four drug manufacturers seeking regulatory approval...

The NFL and Antitrust Laws: Time for a Hail Mary Pass

Dr. Steven Schwartz is a Senior Vice President at NERA Economic Counseling where he specializes in antitrust, intellectual property, valuation, and damage estimation matters. He has directed and performed numerous antitrust analyses in connection with merger investigations and private antitrust litigation...

Supreme Court Says Hospital Merger Not Immune From Antitrust Scrutiny

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 19 ruled that the state-action doctrine does not immunize the merger between two Georgia hospitals from the Federal Trade Commission's challenge that the transaction substantially lessened competition in the market for hospital services...

CA Supreme Court Issues First Decision Extending FTC v. Actavis to State Antitrust Litigation

by Leslie E. John, Stephen J. Kastenberg, and Jessica M. Anthony The California Supreme Court issued a decision Thursday in the Cipro antitrust cases, concluding that the analysis set forth by the U.S. Supreme Court in FTC v. Actavis applies to alleged “pay-for-delay” pharmaceutical patent...

State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State Antitrust Enforcement

by David Garcia , Helen C. Eckert and Vinay Bhupathy On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong concerns” over state regulations offering to provide antitrust immunity to certain healthcare...