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Today, the Supreme Court granted certiorari in four cases of interest to the business community: Federal Jurisdiction—Fannie Mae; Bankruptcy Code—Structured Dismissals; Sherman Act—Conspiracy by Members of a Business Association; Fair Housing Act—Standing

On 12 July 2010, the California Supreme Court in Clayworth v. Pfizer, Inc., No. S166435, 2010 WL 2721021 (Cal. July 12, 2010), held that California law bars antitrust defendants from invoking a pass-on defense in most circumstances even though both direct and indirect purchasers may sue for treble damages.

On November 29, 2023, the Ninth Circuit affirmed the lower court's decision in Briskin v. Shopify, limiting the court's jurisdictional reach against e-commerce...

The federal antitrust enforcement agencies have lost more than a half-dozen merger cases in the courts over the last decade.

Marking the 20th anniversary of the cooperation agreement between the United States and the European Union regarding the application of their competition laws, the US and EU antitrust/competition agencies have published a revised set of Best Practices on Cooperation in Merger Investigations ("Best Practices").

President Trump signed the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, introducing unprecedented tariff authority that could impose duties up to 100% on goods from countries purchasing Russian energy or facilitating sanctions evasion. The legislation creates a novel framework where tariffs stack on top of existing duties while codifying Russia sanctions into statute...

The Federal Trade Commission has issued Section 6(b) orders to nine major companies, demanding detailed information about their use of personal data in setting individualized prices for consumers and compensation for workers. This investigation marks a significant expansion of the FTC's scrutiny into personalized pricing practices, examining how companies leverage consumer data such as income, household composition, and shopping behavior to determine targeted pricing and worker pay rates.

Setting the tone for more vigorous antitrust enforcement in the Obama administration, especially with respect to unilateral conduct of market-leading firms, on May 11, 2009, Christine Varney delivered her first public remarks as the new Assistant Attorney General for Antitrust ("Varney" or "AAG Varney").

The DOJ alleged that this intention disqualified ValueAct from relying on the "investment" exemption.

Leegin Creative Leather Products, Inc. v. PSKS, Inc.</I>, 551 U.S. ___ (2007), the U.S. Supreme Court made it easier for manufacturers and licensors to set the minimum price at which their goods can be sold. This practice, commonly known as minimum resale price maintenance ("RPM") had long been considered per se (automatically) illegal under a nearly century-old line of court decisions.

On December 7, 2006, the European Commission adopted a new Leniency Notice that sets out the framework for granting immunity and reducing fines in cartel cases. The new notice replaces the Commission’s 2002 notice.

The United States Supreme Court concluded earlier this week that the National Football League ("NFL") is not a single business, but rather is 32 separate entities.

On September 4, 2007, the Ninth Circuit issued its opinion in Cascade Health Solutions (f/k/a McKenzie-Willamette Hospital) v. PeaceHealth1, ruling that bundled discounts violate antitrust law only if the discounts results in below-cost pricing.

On September 4, 2007, the Ninth Circuit issued an important decision concerning the antitrust treatment of "bundled discounts," the common practice of providing greater discounts in exchange for purchasing a range of products or services.

On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com and Nationwide Barcode.

The FTC's PAE Report follows a number of previous policy statements involving intellectual property.

On January 23, 2008, the Federal Trade Commission announced a stipulated settlement with Negotiated Data Solutions LLC (N-Data) curtailing N-Data's efforts to license its patents relating to Ethernet, an almost universally used computer networking standard, on terms different than those that had been promised before the standard was adopted.

Earlier this year, the United States Patent and Trademark Office (USPTO) proposed a series of new rules to streamline the examination of patent applications. If adopted in their current form, the rules will significantly affect how applicants develop their patent portfolios. At the moment, it is unclear what the final rules will be. Furthermore, the USPTO has not specified when the new rules will go into effect, but has indicated that at least 30 days’ advance notice will be given.