Tag: SCOTUS
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,...
Leegin, The Political Backlash
Roger Blair, Jessica Haynes, Jan 25, 2010
In 1911, the Supreme Court addressed resale price maintenance (“RPM”) for the first time. Although RPM is a...
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”)...
Diverging but Increasingly Converging: The U.S. Supreme Court in linkLine A...
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Peter Alexiadis, Anthony Shortall, Apr 15, 2009
In a nutshell, the question is whether...
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...
Railroad Antitrust Reform A Train to Nowhere?
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Don Baker, Bill Mullins, Sep 15, 2009
There is an obvious déjà vu quality...
Access v. Efficiency: Reflections on the Consequences of Twombly and Iqbal
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Arthur Miller, Jul 30, 2009
In Bell Atlantic Corp. v. Twombly and Ashcroft v....
What You Need to Know About Twombly: The Use and Misuse...
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David Evans, Jul 30, 2009
In Bell Atlantic v. Twombly the Supreme Court clarified...
Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn’t
Richard Epstein, Jul 30, 2009
Without question, Bell Atlantic v. Twombly ranks as one of the most controversial decisions of the United States Supreme Court...