Steven J. Cernak[1]
For this panel, we have been asked to revisit now-Judge Frank Easterbrook’s seminal 1984 article, “Limits of Antitrust”. Is it still an appropriate guide to antitrust enforcement…
In April 2018, the Department of Justice announced an initiative to terminate "legacy" antitrust judgments—those lacking an express termination date. These types of judgments date from the early days…
Last week, a divided U.S. Supreme Court allowed a monopolization suit filed by a class of iPhone owners to proceed against Apple after concluding that the consumers had standing as direct purchasers…
After facing a significant loss in its last monopolization action filed just over two years ago, the Federal Trade Commission last week filed a new monopolization case against a provider of e-…
Last Friday, the 67th American Bar Association Section of Antitrust Law Spring Meeting wrapped up in Washington, D.C., with the annual enforcers roundtable. Much of the discussion by the heads of…
The U.S. Court of Appeals in Washington, D.C. last week concluded that the government failed to prove that the combination of AT&T Inc. and Time Warner Inc. would violate Sec. 7 of the Clayton…
United States v. Kemp & Associates and Daniel Mannix, Case No., 2:16-cr-403 (DS). JudgeSamPerSeMemorandum
On August 17, 2016 the defendants in this case were indicted on one count of violating §1…
It just got more difficult for states to recover attorney fees when challenging mergers jointly with the Federal Trade Commission. If an injunction is issued under Sec. 13(b) of the FTC Act to block…
I have written before about the fugitive disentitlement doctrine and a recent case about the fugitive disentitlement doctrine caught my attention. United States v. Contoguris, Case: 2:17-cr-00233-EAS…
In a decision pondering the adequacy of the Sherman Act to protect consumers from consciously parallel conduct among oligopolists, the U.S. Court of Appeals in Chicago upheld dismissal of a class…
