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Competition › Rule-of-Reason Analysis › Antitrust Provisions

Axinn, Veltrop & Harkrider LLP

First Appellate Ruling on Algorithmic Pricing: What the Ninth Circuit Said Versus What It Did

Axinn, Veltrop & Harkrider LLP on

In Gibson v. Cendyn Group, the U.S. Court of Appeals for the Ninth Circuit became the first federal court of appeals to evaluate an antitrust claim based on algorithmic pricing. The plaintiffs-appellants brought suit under...more

Kerr Russell

Why Dentists Must Pay Attention to Antitrust Law

Kerr Russell on

You should also be aware that the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust...more

Quarles & Brady LLP

Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

Quarles & Brady LLP on

In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more

Orrick - Trade Secrets Group

The California Supreme Court Clarifies Section 16600 as Applied to Business Contracts and Holds That an Independently Wrongful Act...

Orrick - Trade Secrets Group on

The most powerful tool capable of invalidating competitive restraints under California law is Business and Professions Code section 16600. That statute states that “[e]very contract by which anyone is restrained from...more

Jones Day

China's Supreme Court Resets Resale Price Maintenance Analysis

Jones Day on

In its first resale price maintenance ("RPM") ruling since the passage of its Anti-Monopoly Law, China's highest court held that Chinese antitrust enforcement agencies do not have to prove that RPM has an anticompetitive...more

Hogan Lovells

Neither fish nor fowl – China's supreme court proposes new framework for resale price maintenance

Hogan Lovells on

In the last week of June 2019 a copy of a groundbreaking court ruling emerged on social media in China – the order by the Supreme People's Court (SPC) in the Yutai case. ...more

WilmerHale

China’s Supreme People’s Court Rules RPM Is Illegal Per Se

WilmerHale on

In a ruling issued on December 18, 2018 but not published until June 24, 2019, China’s Supreme People’s Court (SPC) ruled in favor of the Hainan Provincial Price Bureau in an administrative proceeding regarding a vertical...more

Orrick - Antitrust Watch

Not Subject To Per Se Analysis – Sixth Circuit On Plausibly Procompetitive Activity In Connection With A Joint Venture

Orrick - Antitrust Watch on

In The Medical Center at Elizabeth Place, LLC v. Atrium Health System, Case No. 17-3863 (6th Cir. Apr. 25, 2019), the Sixth Circuit held that activity in connection with a joint venture that is plausibly procompetitive is not...more

Jones Day

Chinese Courts Stick to "Rule of Reason" in Resale Price Maintenance Civil Actions

Jones Day on

The Background: Over the first decade of China's Antimonopoly Law ("AML"), there has been a divergence between the approaches adopted by the Chinese antimonopoly enforcement agencies ("AMEAs") and the Chinese courts toward...more

Skadden, Arps, Slate, Meagher & Flom LLP

"After Long Debate, FTC Issues Only General Principles Regarding Section 5"

Skadden, Arps, Slate, Meagher & Flom LLP on

On August 13, 2015, the U.S. Federal Trade Commission (FTC) issued formal guidance on Section 5 enforcement consisting of a general statement of principles1 to guide application of its authority to challenge “unfair methods...more

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