With just two months left in the U.S. Supreme Court’s current term, it’s a good time to take a look at the handful of petitions in antitrust cases that remain on the docket. Since the first Monday in…
In one sense the decision of the Third Circuit in Eisai v Sanofi-Aventis on 4 May was fairly unremarkable. Like those before it in Concord Boat, Allied Orthopedic, Southeast Missouri Hospital and…
On April 27, 2016, the FTC entered an administrative complaint against Invibio, Inc., accusing it and its parent company, Victrex, of violating FTC Act Section 5 through exclusive dealing contracts…
The U.S. Supreme Court's denial of the petition for certiorari in the McWane case on Monday dashed the hopes of many antitrust practitioners that the Court might provide some much-needed clarity on…
Who would have thought that ductile iron pipe fittings would make for such an interesting antitrust case? While the product might be prosaic, the convoluted facts of the McWane v. FTC case in the…
Bundled discounts are common marketing schemes that normally benefit consumers and competition; however, courts and commentators have found certain circumstances when they might be illegal…
Six months ago in Can the FTC Be a Fair Umpire? I wrote about the concerns arising from the Federal Trade Commission’s dual role as prosecutor and final decision maker in its administrative…
Say you built a better mousetrap, the world beat a path to your door and now you have a high share of the mousetrap market. Let’s further assume that your customers find “the cost of switching [to…
