Final Descent? The Future of Antitrust Immunity in International Aviation

Benjamin Bradshaw, Bimal Patel, Sep 15, 2009 It is no secret that the Department of Justice (“DOJ”) and the Department of Transportation (“DOT”) traditionally have not seen eye to eye on the issue of antitrust immunity in international aviation. This year is no different. Indeed, 2009 has brought arguably the widest rift between the agencies […]

Section 1 Challenges to the Properties Arms of Sports Leagues: The Single-Entity Defense, Market Definition, and the Rule of Reason from Dallas Cowboys to American Needle and Beyond

Gregory Pelnar, May 27, 2009 The merchandising/licensing units of sports leagues have been challenged as violations of Section 1 of the Sherman Act in a series of lawsuits since the mid-1990s. The Dallas Cowboys, New York Yankees, and New York Rangers have all brought such actions against their respective leagues. The first two suits were […]

Parental Liability for Cartel Infringements

James Bourke, Nov 12, 2009 The imputation of liability to a parent company for its subsidiary’s participation in a cartel forms part of a field of law which has been ploughed almost exclusively by the Community Courts. Ultimately, imputation is permissible where the parent and subsidiary form part of a single economic entity (an “undertaking”) […]

Some Thoughts on Article 82 Jurisprudence – If the Government Always Wins, Should Private Litigants Win As Well?

Kent Bernard, Aug 13, 2009 If you want to know where you are going, it helps to know where you are. As we see the European Commission moving deeper into limiting what allegedly dominant companies can and cannot do, the question arises whether the same rules being applied in cases brought by the Commission should […]

Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn’t

Richard Epstein, Jul 30, 2009 Without question, Bell Atlantic v. Twombly ranks as one of the most controversial decisions of the United States Supreme Court in recent years. Its importance stems from the simple reason that it lies at the crossroads of antitrust and civil procedure, with vast potential implications for both fields. As a […]

Single Firm Competition Policy Convergence In A Global Environment

Jul 13, 2009 Much ink has been spilled concerning the policy split revealed by the Justice Department’s September 2008 Report on Single Firm Conduct (SFC) and the Federal Trade Commission’s swift and rather critical rejoinder (issued by three of the four FTC Commissioners). (By SFC I refer to actions taken by a dominant firm or […]

The New Consensus on Class Certification: What it Means for the Use of Economic and Statistical Evidence in Meeting the Requirements of Rule 23

David Evans, May 13, 2009 Offering expert testimony that is a hair’s breadth away from nutty is no longer sufficient to secure class certification according to an emerging consensus across the circuit courts. The court must also get into any merits issues that are relevant to the class issues. As a practical matter credible expert […]

Are Price Squeezes Anticompetitive?

Aaron Panner, Apr 15, 2009 Assume that Defendant is a monopolist at the upstream level; that it produces a product at the downstream level; and that it also sells the upstream input to downstream competitors. Under certain circumstances, Defendant can, by reducing its downstream prices or by increasing its upstream prices, eliminate downstream competitors margins […]

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