Antitrust Exemptions & Immunity

18 articles available

During this past couple of years, my friend and colleague Barak Richman of the Duke law school has made a small cottage industry of pissing off organized Judaism.  Himself newly the president of a…

Senator Rand Paul of Kentucky, the freshman Republican and Tea Party favorite, is only slightly more famous as the son of Representative Ron Paul than as the deliberate namesake of Ayn Rand.  Last…

The next Term may see significant SCOTUS consideration of the state action immunity, the first such case since 1992. The decision below in the defendants’ favor was quite plainly wrong, and so it…

Federal legislative proposals that would have repealed the antitrust exemption enjoyed by freight railroads and would have permitted the U.S. Department of Justice to sue Organization of Petroleum…

The authors are, respectively, partner and associate, at the firm of Labaton Sucharow LLP, New York City.  Mr. Himes, who also co-chairs the firm’s Antitrust Practice Group, is the former Antitrust…

Last week, the federal district court in Detroit denied Blue Cross Blue Shield of Michigan’s motion to dismiss a federal/state antitrust action challenging the health insurer’s use of most favored…

Earlier today, the U.S. Court of Appeals in St. Louis vacated an injunction lifting the National Football League’s “lockout” of its players. The divided appellate court, just five days after hearing…

How far can a competitor go in an effort to convince a local government to block a potential rival from setting up shop in its area without running afoul of the antitrust laws? Last week, the U.S…

Some commentators are pretty alarmed over the Federal Trade Commission’s ruling earlier this year denying antitrust immunity for a North Carolina regulatory board’s outlawry of teeth-whitening by non…