Tag: Litigation
Starr v. SONY BMG Music Entertainment: The Second Circuit’s Misapplication of...
Kenneth Logan, Jonathan Youngwood, Mar 26, 2010
On January 13, 2010, in Starr v. SONY BMG Music Entertainment, a panel of the United States Court...
When Does a Joint Venture Act as a Single Economic Entity?
Gregory Werden, Mar 26, 2010
The "Sherman Act contains a 'basic distinction between concerted and independent action.'" The concerted action of several competing firms could...
Competing Single-Entity Tests in American Needle v. NFL and Their Implications...
Gregory Pelnar, Mar 26, 2010
American Needle v. National Football League has been variously dubbed the "most important case in sports history," , "an opportunity...
Joint Ventures and the Sherman Act: The Problem Revealed by American...
Thomas Brown, Katherine Robison, Ian Simmons, Mar 26, 2010
The transcript of the oral argument in this year's most watched antitrust case, American Needle v....
Intel and the Death of U.S. Antitrust Law
Keith Hylton, Feb 28, 2010
The Federal Trade Commission’s (“FTC’s”) new legal attack on Intel threatens to leave the company a shell of its former...
Access v. Efficiency: Reflections on the Consequences of Twombly and Iqbal
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Arthur Miller, Jul 30, 2009
In Bell Atlantic Corp. v. Twombly and Ashcroft v....
The New Consensus on Class Certification: What it Means for the...
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...
Private Enforcement of EU Competition Law in Member State Courts: Experience...
Christopher Cook, Nov 01, 2008
A much cited 2004 study described private competition law litigation in Europe as being in a state of total underdevelopment....
Economic Analysis of Class Certification
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Richard Schmalensee, Jun 25, 2008
Economic analysis of class certification has a different focus...
Why Economics Now Matters for Antitrust Class Actions at the Class...
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Wendy Bloom, Jun 25, 2008
Whether or not a court will certify an antitrust...