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On February 1, 2012, the U.S. Court of Appeals for the Second Circuit reaffirmed its earlier ruling refusing to enforce American Express’s arbitration provision on the ground that, in the court’s view, the plaintiffs had shown that it would be prohibitively expensive to arbitrate their antitrust tying claims on an individual basis.

Originally enacted in response to a U.S. antitrust investigation into French shipping companies, the French Blocking Statute may soon live its last days.

Overruling a nearly 100 year-old precedent, in a 5-4 decision, the Supreme Court has ruled that agreements setting minimum retail prices and other minimum resale prices no longer are per se illegal under the US federal antitrust laws, and instead, must be "judged by the rule of reason" on a case-by-case basis.

While government enforcement of the Robinson-Patman Act (the Act) was all but forgotten for nearly two decades, the Federal Trade Commission (the FTC) announced a second investigation over potential price...

Unable to land many of those big international contracts, your company has just been acquired by a more successful multi-national competitor. Luckily, you are considered a rising star and have been named assistant manager in a major foreign branch.

On 10 April 2008, the Court of First Instance ("CFI") confirmed the European Commission’s ("Commission") decision that Deutsche Telekom ("DT") abused its dominant position on the markets for direct access to its fixed telephone network by engaging in a margin squeeze.

In a unanimous opinion authored by outgoing Commissioner Thomas B. Leary, the full Federal Trade Commission (FTC) affirmed the November 2004 opinion by an Administrative Law Judge (ALJ) that North Texas Specialty Physicians (NTSP) illegally fixed prices in its negotiations with payors.

Global beer conglomerate InBev, S.A. has announced that it received a request for additional information, or “Second Request,” from the United States Department of Justice (DOJ) relating to its planned acquisition of Anheuser-Busch, Inc.

On November 7, 2014, the Antitrust Division of the DOJ announced that it had imposed a civil penalty of $3.8M and disgorgement of $1.15M in profits on Flakeboard America Limited for "gun jumping".

On June 28, 2007, adding another chapter to this term’s pro-business antitrust rulings, the U.S. Supreme Court in Leegin Creative Leather Products v. PSKS, Inc. 2007 WL 1835892 (Jun. 28, 2007) overruled the almost 100-year old precedent established in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911) (Dr. Miles), which held that it was per se illegal under Section 1 of the Sherman Act for a manufacturer and a retailer to agree on resale prices that the retailer would charge.

California's new COMPETE Act extends the state's Cartwright Act to single-firm conduct, creating the first state-law monopolization statute in California. While significantly narrower than initially proposed, the law grants California's Attorney General and district attorneys new enforcement powers that may diverge from federal antitrust standards. What does this mean for companies with substantial market positions in California?

Former Senator Christopher Dodd and former CFTC Chairman Gary Gensler have filed amicus briefs challenging the Third Circuit's ruling that federal commodities law preempts New Jersey's regulation of sports event contracts. Their central argument contends that Congress enacted Dodd-Frank to regulate financial derivatives, not to transfer sports-betting oversight from states and tribes to the CFTC, raising fundamental questions about whether sports contracts qualify as swaps and the scope of federal preemptio

On September 4, 2007, the Ninth Circuit vacated a $16.2 million antitrust judgment, holding that the lower court erred in instructing the jury that it could impose liability for bundled discounts even without finding that the defendant priced the bundled services below cost.

In this newsletter, we provide a snapshot of the principal European, US and selected global governance and securities law developments of interest to European corporates and financial institutions.

For global companies that collect, broker, or use consumer data, the first several months of 2011 may prove critical.

Increasing prices can be stressful for manufacturers as they consider such questions as: What is the proper price point? How will customers react? What will the competition do?

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation.

The FTC order is not based on the antitrust laws, but instead relies on Section 5 of the FTC Act, which is primarily a consumer protection statute that prohibits "unfair method of competition" and "unfair acts or practices."