In Part 1 of this article (here), I argued that the Sherman Act was unconstitutional as a criminal statute because it is void for vagueness. A statute that criminalizes all restraints of trade cannot…
If you get lost, sometimes you must go back and start again from the beginning. I’ve been a bit lost on whether the Sherman Act is unconstitutional as a criminal statute. It is well accepted that per…
(Note: In December 2012, the Department of Justice and the Federal Trade Commission held a Hearing on the impact of patent assertion entities (PAEs) on innovation and competition and the…
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…
