In spring 2022, the Department of Justice (the DOJ) announced its intention to aggressively pursue monopolization cases. While the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing...more
10/16/2023
/ Acquisitions ,
Anti-Monopoly ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Memorandum of Understanding ,
Mergers ,
Monopolization ,
Sherman Act
Following its repudiation of its prior enforcement regime in July 2021, the FTC on Nov. 10 issued a Statement Regarding the Scope of “Unfair Methods of Competition” Under Section 5 of the Federal Trade Commission Act...more
Key Takeaways -
..U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly.
..The elements...more
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S....more
For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league...more
On June 21, 2021, in NCAA v. Alston, the U.S. Supreme Court unanimously held that the National Collegiate Athletic Association’s (NCAA) rules limiting education-related compensation that colleges and universities can provide...more
On October 20, 2020, the Department of Justice (“DOJ”) and 11 state attorneys general filed an antitrust complaint against Google, alleging Google violated Section 2 of the Sherman Act by unlawfully maintaining monopolies in...more
In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared “unfair methods of competition in or affecting commerce” to be unlawful and gave the FTC enforcement power over...more
In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared “unfair methods of competition in or affecting commerce” to be unlawful and gave the FTC enforcement power over...more
This week, FTC Chairwoman Edith Ramirez announced that the FTC had voted to issue a formal statement setting forth three “Enforcement Principles” governing its authority over “unfair methods of competition.” As Ramirez...more
In Kimble v. Marvel Entertainment, 576 U.S. ____ (2015), the U.S. Supreme Court considered whether to overturn Brulotte v. Thys, 379 U.S. 29 (1964), its 1964 decision holding that it was per se unlawful for a patent owner to...more
7/15/2015
/ Brulotte ,
Expiration Date ,
FTC v Actavis ,
Kimble v Marvel Enterprises ,
Patent Infringement ,
Patent Royalties ,
Patents ,
Popular ,
SCOTUS ,
Sherman Act ,
Stare Decisis