The FTC has notched two Supreme Court wins in recent years to narrow the state action exemption. But elements of those two cases might best be seen as evidence that the FTC is losing the broader…
In January 2015 the European Commission announced its intention to appeal a judgment of the Belgian Commercial Court which dismissed the Commission’s claim for €6 million of damages against Otis,…
Last week, the U.S. Supreme Court was asked, in parallel petitions, to resolve a split between the Seventh Circuit and the Ninth Circuit on the application of the federal antitrust laws to a…
It is not uncommon, where a multi-party infringement of competition law has been established and sanctioned by a competition authority for some, but not all, of the addressees of the authority’s…
It’s not often that one Fortune 50 company sues another – but that’s what happened earlier this week when Costco sued Johnson & Johnson (J&J) in California federal court over J&J’s…
So, the only real surprise about yesterday’s opinion in North Carolina State Bd of Dental Examiners v. FTC is that it wasn’t unanimous. The strongly worded six-member majority opinion, already…
Earlier this month, Advocate General Wahl delivered his opinion in the Deutsche Bahn[1] case. This case concerns important practical principles which govern the conduct of European Commission dawn…
Woodman’s Food Market is a chain of warehouse-style grocery stores in Wisconsin. As such, its sales strategy was similar to that employed by Costco and Sam’s Club: the ability to purchase groceries…
(An in-depth article on In re LIBOR and antitrust injury is available here under this title. The following is a preview of my article).
(N.B.: In a coincidence of timing, on Jan. 28, 2015, the date…
The Canadian government is determined to remedy what it (and many Canadians) regard as an unjustified gap between US and Canadian prices for the same goods. In particular, the government has focused…
