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Jeffrey May (Wolters Kluwer)
Second Circuit Corrects Misapplication of Twombly Plausibility Test in Boycott Case
April 05, 2012

The federal district court in New York City should not have rejected allegations that a magazine wholesaler was driven out of business as a result of an antitrust conspiracy, the U.S. Court of…

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Christopher Sagers (Cleveland-Marshall College of Law)
BREAKING NEWS: Rand Paul Proposes to Repeal Federal Antitrust as to “Individuals”
April 04, 2012

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…

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Christopher Sagers (Cleveland-Marshall College of Law)
One to Watch: SCOTUS Consideration in Phoebe Putney?
March 23, 2012

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…

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Christopher Sagers (Cleveland-Marshall College of Law)
Competition Policy in Bizzaro Land: The Ongoing FTC Building Fiasco
March 22, 2012

In a recent letter to the House Transportation and Infrastructure leadership, all four sitting Federal Trade Commissioners joined in “grave concern” over that Committee’s plan to kick the agency out…

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Jeffrey May (Wolters Kluwer)
Prospects Dim for Quick Passage of NOPEC, Railroad Antitrust Exemption Repeal
March 08, 2012

Federal legislative proposals that would have repealed the antitrust exemption enjoyed by freight railroads and would have permitted the U.S. Department of Justice to sue Organization of Petroleum…

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Jay L. Himes (Labaton Sucharow LLP)
I Can’t Make You Love Me If You Won’t: Capper-Volstead Jilted by Sherman One
February 14, 2012

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…

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Eric J. Stock (Gibson, Dunn & Crutcher)
U.S. Department of Justice Litigates to Block Two Mergers
February 06, 2012

The U.S. Department of Justice (“DOJ”) has blocked two mergers in the past several months, in each case after filing a lawsuit against the merging parties.  The first case involved a relatively…

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Jeffrey May (Wolters Kluwer)
Bill Baer Named to Serve as AAG in Charge of Justice Department Antitrust Division
February 04, 2012

On February 3, the White House announced President Barack Obama's intention to nominate Bill Baer to serve as Assistant Attorney General in charge of the Department of Justice Antitrust Division.…

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Jeffrey May (Wolters Kluwer)
Deutsche Börse and NYSE Euronext Blame “Narrow” Market Definition for EC’s Objection to Combination
February 01, 2012

Despite a U.S. Department of Justice decision to clear the deal, the European Commission (EC) today blocked the proposed merger of NYSE Euronext and Deutsche Börse. The EC determined that the…

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Jeffrey May (Wolters Kluwer)
Fines Mounting in Department of Justice Auto Parts Cartel Investigation
January 30, 2012

The Department of Justice today announced a total of $548 million in fines resulting from a second round of charges in the government’s ongoing investigation into collusive activity in the auto parts…

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