Tag: SCOTUS
A Civil Conflict: Can the States Overturn Leegin?
Leiv Blad, Bryan Killian, Jan 07, 2011
Overturning a 96-year-old rule, the United States Supreme Court held in Leegin that minimum resale price maintenance (“RPM”)...
The End of Per Se Illegal Tying
Christopher R. Leslie, Dec 16, 2010
When making predictions about the future of antitrust law, one can err in one of two directions: making a...
The Supreme Court Invalidates State Restriction on Federal Class Actions in...
Daniel Crane, Aidan Synnott, Aug 10, 2010
The United States Supreme Court recently held that Federal Rule of Civil Procedure 23 trumps a state rule...
Economics Now Plays an Important Role at The Class Certification Stage...
Wendy Bloom, May 14, 2010
Economic analysis now plays an important role at the class certification stage of antitrust class actions. This is due to...
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...
When Does a Joint Venture Act as a Single Economic Entity?
Gregory Werden, Mar 26, 2010
The "Sherman Act contains a 'basic distinction between concerted and independent action.'" The concerted action of several competing firms could...
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....
Harvard, Not Chicago: Which Antitrust School Drives Recent U.S. Supreme Court...
Einer Elhauge, Nov 05, 2007
The U.S. Supreme Court has now decided 14 antitrust cases in a row in favor of the defendant. But this...
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...
