NCAA vs. Board of Regents of the University of Oklahoma: A Win for Antitrust Law and College Football Fans
For construction company owners and managers, understanding antitrust laws and implementing effective compliance measures isn't just good business practice, it's essential protection against potentially devastating legal...more
On September 16, the Ninth Circuit Court of Appeals upheld a United States District Court’s dismissal of a proposed class action by gasoline consumers against several energy companies in D’Augusta v. American Petroleum...more
Virtually all significant antitrust cases these days have an international component. Markets now are worldwide. Consequently, one of the most frequently litigated—and most important issues—is the extent of U.S. jurisdiction....more
Governmental and private antitrust actions against technology companies expanded in 2018 and 2019, particularly relative to electronics and pharmaceutical companies. This post provides an overview of several important...more
On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more
More than 40 years ago, the Supreme Court determined that efficient enforcement of the Sherman Act required a bright-line rule, with very limited exceptions, barring antitrust claims by "indirect purchasers"—end customers who...more
In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more
The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more