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Corporate & Securities Law

Antitrust Review

Antitrust law and economics

Post Frequency: 2.5/day

Last Entry: April 02, 2010 at 12:07:35

Antitrust and State Alcohol Laws

Posted on January 31, 2008
Yesterday, the Nineth Circuit issued an opinion in the interesting case that Costco brought against the Washington state liquor board. [W]e reverse the judgment of the district court insofar as it held that most of Washington?s restraints on the sale of beer and wine were hybrid restraints subject to preemption under the Sherman Act...

Microsoft Antitrust Decree Extended

Posted on January 30, 2008
On Tuesday, U.S. District Judge Colleen Kollar-Kotelly extended the antitrust decree until November 2009. According to Bloomberg: U.S. District Judge Colleen Kollar-Kotelly in Washington yesterday extended an antitrust decree governing the conduct of the world’s largest software maker until November 2009...

Blawg Review #144

Posted on January 28, 2008
Blawg Review #144 is now available at Cyberlaw Central.

This Is Not Legal Advice

Posted on January 27, 2008
We never have, and never will, give legal advice on this blog. It is not legal advice, however, to suggest that companies do not take legal advice from journalists. In particular, Apple should heed the legal advice of its antitrust lawyers and not Adrian Kingsley-Hughes...

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FTC Wins In The Fifth Circuit

Posted on January 26, 2008
On Friday, the U.S. Court of Appeals “ruled in favor of the Federal Trade Commission, denying a petition by Chicago Bridge & Iron Company (CB&I) to review an administrative FTC opinion that CB&I illegally acquired certain assets of Pitt-Des Moines, Inc...

The FTC, Licensing Patents and Conduct That Is Not A Sherman Act Violation

Posted on January 24, 2008
Yesterday, the FTC announced it had settled a case involving the licensing of ethernet patents. According to the FTC (brackets in original, emphasis added): The Federal Trade Commission today announced a complaint and settlement with Negotiated Data Solutions LLC (N-Data), which allegedly violated federal law by engaging in unfair methods of competition and unfair acts or [...

Air Cargo and the EC

Posted on January 24, 2008
I am sure that most of our readers regularly read Flight International magaine. For the few that do not, it is reporting that the EC has issued statements of objection to at least 15 airlines. The cargo price-fixing probe has entered a new phase with European regulators handing at least 15 airlines statements of objections...

The Supreme Court, AT&T and Antitrust

Posted on January 23, 2008
Yesterday, the Supreme Court asked the Solicitor General for the United States’ views on an antitrust case. According to CNN Money: The Supreme Court on Tuesday asked the Bush administration for its opinion on an antitrust lawsuit several small Internet service providers filed against AT&T Inc...

Blawg Review #143

Posted on January 21, 2008
Blawg Review #143 is now available at the Public Defender Stuff blog.

Barnett Speaks in Germany

Posted on January 16, 2008
Thomas Barnett, the Assistant Attorney General for Antitrust, gave a speech in Germany yesterday, during the celebration for 50 years of the German Competition Act. Did you know that the Germans had premerger notification before the U.S. did? Here is a taste from the speech: Dr...

EU Probes Pharmaceutical Industry

Posted on January 16, 2008
According to the Wall Street Journal: European Union investigators raided drug companies in several countries as the bloc’s antitrust watchdog launched a wide investigation of potentially anticompetitive practices in the industry. Neelie Kroes, the EU antitrust chief, said the industry-wide inquiry would examine whether large companies are abusing their market power to prevent competitors from bringing new [...

Presidential Candiates On Antitrust

Posted on January 14, 2008
Reuters is running a story on what the presidential candidates’ positions on Antitrust might be. The gist is: to the extent we can guess, significant change is unlikely. Here is a taste: Overall, none of the leading presidential candidates is considered an antitrust maverick although Democrats have had a reputation for being more aggressive than [...

Blawg Review #142

Posted on January 14, 2008
Blawg Review #142 is now available at the Build A Solo Practice Blog.

Antitrust and the Ski Resort

Posted on January 12, 2008
Last month (blame the holidays for our lack of diligence in posting about this), Judge Moon of the United States District Court for the Western District of Virginia denied a motion to dismiss the antitrust complaint brought by a real estate company against a ski resort...

NY Urges Court to Read Microsoft Final Judgment Broadly

Posted on January 11, 2008
It’s been a busy week for NY’s antitrust lawyers. NY submitted a brief today in D.C. District Court, in which NY and other states argue for a broader reading of the section of the Microsoft 2002 Final Judgement that requires Microsoft to disclose communications protocols “used to interoperate, or communicate, natively (i...

Mean But Funny

Posted on January 11, 2008
This way off topic, but after watching the “meanest thing [Gizmodo] did at CES” I really want one of these.

NY Investigates Intel

Posted on January 10, 2008
The New York Times reports that NY AG Cuomo has issued a subpoena against Intel. The allegations are that Intel is monopolizing the market for x86 chips—not novel, perhaps, but always good for antitrust news. ?Protecting fair and open competition in the microprocessor market is critical to New York, the United States, and the world,? Mr...

Proposed Antitrust Exemption for Pharmacies

Posted on January 10, 2008
Health Care News (via the Heartland Institute) has a lengthy article about House Bill 971 which would provide antitrust immunity to independent pharmacies to jointly purchase pharmaceuticals. The U.S. House Judiciary Committee has approved a bill creating an exemption in antitrust law to enable independent pharmacies to negotiate contracts with Medicare Part D plans and private [...

EU Antitrust Case Against Apple Ends

Posted on January 09, 2008
Apple and the EU have reached an agreement that will end the EU’s investigation of Apple. According to the AP: The maker of the popular iPod media players had been under investigation since April by EU authorities after a British consumer group complained that Apple and major record companies were unfairly restricting the choice and [...

Antitrust Lawsuit Against NASCAR Dismissed

Posted on January 08, 2008
Yesterday, the Eastern District of Kentucky district court granted NASCAR’s motion for summary judgement. According to the AP: Kentucky Speedway alleged that NASCAR had conspired to leave the Sparta track and others out of the Sprint Cup ? formerly known as the Nextel Cup ? series despite their superior amenities...

Blawg Review #141

Posted on January 06, 2008
Blawg Review #141 is now available at Charon QC.

Another Apple Antitrust Lawsuit

Posted on January 06, 2008
A few days ago, another lawsuit was filed against Apple for maintaining a monopoly in the digital music market (via slashdot). According to Information Week: The complaint against Apple claims that the company controls 75% of the online video market, 83% of the online music market, more than 90% of the hard-drive based music player market, [...

Blawg Review #140

Posted on December 24, 2007
Blawg Review #140 is now available at E-Commerce Law.

The Antitrust Source

Posted on December 20, 2007
The December issue of The Antitrust Source is now online. It includes, among the many excellent articles, Symposium: What’s Next for the Supreme Court? regarding reamining antitrust issues for the Court to adress and an interview with William Blumenthal, General Counsel, Federal Trade Commission.

FTC Closes Google-DoubleClick Investigation

Posted on December 20, 2007
The FTC announced this morning that: it will not seek to block Google Inc.?s proposed $3.1 billion acquisition of Internet advertising server DoubleClick Inc. In a 4-1 vote to close its eight-month investigation of the transaction, the Commission wrote in its majority statement that ?after carefully reviewing the evidence, we have concluded that Google?s proposed acquisition [...

Blawg Review #139

Posted on December 17, 2007
Blawg Review #139 is now available at Legal Literacy.

Google - BlackBerry Synch

Posted on December 13, 2007
On the off chance that any of our readers have BlackBerries (a remote possibility to be sure), Google has recently launched a moblie package of applications for BlackBerries and now allows synchronization between Google calendars and BlackBerries. Details at the Google Operating System blog.

Blawg Review #138

Posted on December 10, 2007
Blawg Review #138 is now available at de novo.

Radiohead: Is $2.26 per album enough? The ?piracy? v. obscurity tradeoff

Posted on December 09, 2007
A while ago we discussed Radiohead’s decision to sell its new album on a “pay us what you think it’s worth” basis. Today’s NYT has a nice article on the band and the album release. With respect to the donationware pricing, Jon Pareles reports:The band and its managers are not releasing the download’s sales figures [...

Per se tying: Why no simple ?relative size of markets? test?

Posted on December 08, 2007
Modern tying law is concerned with foreclosure in the tied product market, not customer exploitation in the tying product market. As a result, we require market power in the tying product market, because without market power, there’s nothing to be leveraged into the tied product market...

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