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American Antitrust Institute
AAI Seeking Nominations for Outstanding Antitrust Litigation Achievement by a Young Lawyer
September 03, 2014

To continue its growth, the American Antitrust Institute (AAI) is recruiting the next generation of antitrust practitioners. The AAI is seeking the antitrust community’s support of new programs aimed…

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Jeffrey May  (Wolters Kluwer)
Monopoly Claims Can Survive Summary Judgment: Medtronic Must Defend Conduct in “Bone Mill” Market
August 10, 2014

One firm’s ability to break into the market for “bone mills” used in spinal-fusion surgery did not foreclose the possibility that medical device company Medtronic monopolized or attempted to…

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Steven J. Cernak  (Bona Law PC)
Can Bundled Discounts Be Illegal If Offered by a Firm Without Market Power?
August 07, 2014

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…

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Joe Murphy  (Compliance Strategists)
Making the Sentencing Guidelines Message Complete
July 28, 2014

As the U.S. Sentencing Commission considers reforms of the guidelines for antitrust crimes, it should take action to affirm the importance of antitrust compliance programs as an essential tool in the…

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Mark Jones  (Hogan Lovells)
Substantial Reform of EU Merger Control on the Cards
July 15, 2014

On 9 July 2014, the European Commission published a White Paper setting out proposals to amend the EU merger control system. The proposed reform of the system is the most significant in the last 10…

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Jeffrey May  (Wolters Kluwer)
Convictions, $500 Million Fine Upheld in Price Fixing Case Against AU Optronics; Foreign Trade Antitrust Improvements Act No Bar
July 14, 2014

The U.S. Court of Appeals in San Francisco last week upheld the price fixing convictions of Taiwanese electronics manufacturer AU Optronics (AUO), its U.S. subsidiary, and two company executives. The…

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Steven J. Cernak  (Bona Law PC)
FTC/DOJ Workshop on Conditional Pricing Practices – Good as Far as It Goes
June 29, 2014

On June 23, 2014, the U.S. Federal Trade Commission and Department of Justice Antitrust Division held a workshop on “conditional pricing practices”—loyalty discounts, bundled discounts and similar…

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Jeffrey May  (Wolters Kluwer)
Second Circuit Clarifies Application of Foreign Trade Antitrust Improvements Act
June 08, 2014

The U.S. Court of Appeals in New York City on June 4 ruled that the Foreign Trade Antitrust Improvements Act (FTAIA) barred the antitrust claims of a Taiwanese electronics manufacturing company with…

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Steven J. Cernak  (Bona Law PC)
So Whatever Happened to American Needle?
May 07, 2014

You remember American Needle, right?  It is the 2010 U.S. Supreme Court opinion that explains when the action of a joint venture is the action of a single entity or, instead, the result of an…

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Steven J. Cernak  (Bona Law PC)
Is the FTC Changing Its Intellectual Property Rights Policy?
April 14, 2014

Commissioner Josh Wright of the U.S. Federal Trade Commission certainly is the gift that keeps on giving to antitrust commentators.  Rarely do many weeks go by without a Wright speech or dissenting…

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