Tag: Decision
Dukes v Wal-Mart Stores: En Banc Ninth Circuit Lowers the Bar...
Donald Falk, Marcia Goodman, Archis Parasharami, Aug 10, 2010
The U.S. Court of Appeals for the Ninth Circuit has issued a significant decision affirming the...
The Duchesses Come Out Swinging in Dukes: Restoring the Balance in...
Jay Himes, William Reiss, Aug 10, 2010
With its much-anticipated en banc decision in Dukes v. Wal-Mart Stores, Inc., the Ninth Circuit became the most...
Antitrust Forum-Shopping in England: Is Provimi Ltd v Aventis Correct?
Brian Kennelly, May 28, 2010
This article examines the judgment of Aikens J in Provimi Ltd and ors v Aventis Animal Nutrition SA and ors,...
The Role of Behavioral Economics in Competition Law: A Judicial Perspective
Vivien Rose, Apr 01, 2010
To date, the literature on the role of behavioral economics in the context of competition policy has largely focused on...
The Future of Behavioral Economics in Antitrust Jurisprudence
SCOTUS, Douglas Ginsburg, Derek Moore, Apr 01, 2010
Neoclassical economics or “price theory” has had a profound effect upon antitrust analysis, first as practiced in...
Starr v. SONY BMG: Conduct, Context, and the Presumption of Truth
Gary Jacobson, Mar 26, 2010
In Starr v. Sony BMG, the Second Circuit became the first court of appeals to vacate a district court's judgment...
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...
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,...