Tag: Court
Competing Single-Entity Tests in American Needle v. NFL and Their Implications...
Gregory Pelnar, Mar 26, 2010
American Needle v. National Football League has been variously dubbed the "most important case in sports history," , "an opportunity...
Joint Ventures and the Sherman Act: The Problem Revealed by American...
Thomas Brown, Katherine Robison, Ian Simmons, Mar 26, 2010
The transcript of the oral argument in this year's most watched antitrust case, American Needle v....
The FTC’s Misguided Rationale for the Use of Section 5 in...
Geoffrey Manne, Feb 28, 2010
There is a real danger that the Federal Trade Commission (“FTC”) actually believes its stated rationale for bringing its case...
Intel and the Death of U.S. Antitrust Law
Keith Hylton, Feb 28, 2010
The Federal Trade Commission’s (“FTC’s”) new legal attack on Intel threatens to leave the company a shell of its former...
The FTC’s Anticompetitive Pricing Case Against Intel
Herbert Hovenkamp, Feb 28, 2010
While the FTC has statutory authority to enforce the Clayton Act, it cannot enforce the Sherman Act directly. The Supreme...
Reflections on Section 5 of the FTC Act & the FTC’s...
Daniel Crane, Feb 28, 2010
The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers...
State Enforcement of Resale Price Maintenance Prohibitions After Leegin: Policy Without...
Court, David Olsky, Jan 29, 2010
Over the past three years, certain state attorneys general have spoken out strongly against Resale Price Maintenance (“RPM”) practices,...
The Amended Google Books Settlement Is Still Exclusive
James Grimmelmann, Jan 26, 2010
The deal that Google would get under the proposed amended settlement in the Authors Guild case is exclusive in one...
A Civil Conflict: Can the States Overturn Leegin?
Leiv Blad, Bryan Killian, Jan 27, 2010
Overturning a 96-year-old rule, the United States Supreme Court held in Leegin that minimum resale price maintenance (“RPM”)...
Section 1 Challenges to the Properties Arms of Sports Leagues: The...
Gregory Pelnar, May 27, 2009
The merchandising/licensing units of sports leagues have been challenged as violations of Section 1 of the Sherman Act in a...