Antitrust Today Blog Archives - Page 69 of 95

NLRB Rocks Student-Athlete Cases With Ruling That College Athletes Are Employees Entitled To Unionize

Posted 03/28/14

By Gordon Schnell and David Scupp On Wednesday, the National Labor Relations Board issued a stunning decision finding that Northwestern University scholarship football players are employees of the school and therefore entitled to unionize. The NLRB’s holding could have a profound impact on the various antitrust suits that current and former players have brought against the NCAA, challenging its restrictions on...

Tagged in: Antitrust Litigation,

Former West Virginia Running Back Seeks To Block “Fixed” NCAA Scholarships

Posted 03/17/14

By David Scupp Shawne Alston, a former running back at West Virginia University, has filed an antitrust class action alleging the fixing of scholarship amounts by the NCAA and its five football “Power Conferences” – the ACC, Big Ten, Big 12, Pac 12, and SEC conferences. Alston claims that the NCAA and these Power Conferences conspired to fix the amounts of athletic scholarships, formally known as the...

Tagged in: Antitrust Litigation,

Show Me The Money Or Go Home: Federal Courts Wrestle With Addressing Reverse-Payment Settlements After Supreme Court’s Actavis Decision

Posted 03/13/14

By Ankur Kapoor and Rosa M. Morales Nearly a year after the Supreme Court held in FTC v. Actavis that reverse-payment settlement agreements between branded and generic pharmaceutical companies are subject to antitrust scrutiny under the rule of reason, federal district courts are struggling with the thorny issue of whether plaintiffs need to show them the money. More specifically, district courts remain...

Tagged in: Antitrust Litigation, Antitrust Policy, Intellectual Property Law and Antitrust,

DOJ’s Justification Of American Airlines-US Airways Settlement Identifies Competitive Benefits But Leaves Some Questions Unanswered

Posted 03/12/14

By Ankur Kapoor The Antitrust Division of the U.S. Department of Justice (the “DOJ”) is highlighting the competitive benefits to the settlement of its challenge of the American Airlines-US Airways merger in the DOJ’s Response to Public Comments on the Proposed Final Judgment filed on Monday in the United States District Court for the District of Columbia. The DOJ’s Response heralds the Proposed Final...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

Apple Doubles Down On Its Bet Against E-Books Judge

Posted 03/11/14

By Allison F. Sheedy Apple has upped the ante in the e-books case with two court filings in recent weeks that seek to prevent Judge Denise Cote of the U.S. District Court for the Southern District of New York from presiding over the upcoming jury trial on damages. While the two-pronged attack – which argues not only lack of jurisdiction but also bias by the judge – is fairly aggressive, it is hardly...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

Are Bright-Line Rules The Right Prescription For Reverse-Payment Cases?

Posted 03/5/14
By Ankur Kapoor, Jeffrey I. Shinder

As antitrust law evolves to address new problems posed by ever-shifting dynamics in industries both old and new, two schools of thought are vying for control of challenges to reverse-payment settlement agreements that resolve patent infringement litigation brought by pharmaceutical manufacturers against potential generic competition. One school favors the establishment of bright-line rules to give firms and courts...

Tagged in: Antitrust Litigation, Intellectual Property Law and Antitrust,

Court Orders NCAA To Huddle With Former Players In Settlement Talks

Posted 03/4/14

By David Scupp The antitrust battle between the NCAA and its former players over the use of their names and likenesses might finally be coming to a head. Last Friday, Judge Claudia Wilken of the U.S. District Court for the Northern District of California ordered the NCAA to engage in settlement talks in the class action case of In Re NCAA Student-Athlete Name and Likeness Licensing Litigation, with the class...

Tagged in: Antitrust Litigation, Intellectual Property Law and Antitrust,

EU Accepts Visa Interchange Fee Caps

Posted 03/3/14

By Aymeric Dumas-Eymard Visa has just closed a chapter of its antitrust woes in the European Union. On February 26, 2014, the European Commission announced that it had rendered legally binding the commitments offered by Visa Europe to cap its yearly weighted average Multilateral Interchange Fees (MIFs) for consumer credit card transactions at a level of 0.3% of the value of the transaction. The cap will apply...

Tagged in: Antitrust Legislation, Antitrust Litigation, Antitrust Policy,

Apple Gets Half A Loaf Of Bread In “Losing” Appellate Challenge Of Antitrust Monitor

Posted 02/13/14

By Allison F. Sheedy Although the U.S. Court of Appeals for the Second Circuit has denied Apple’s motion to suspend a court-appointed antitrust compliance monitor, Apple actually achieved part of its goal of reining in the monitor. Apple had asked the appellate court to stay the monitor, Michael R. Bromwich, from doing any more work pending Apple’s appeal of that appointment in United States v. Apple, Inc. ...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

FTC Performs Balancing Act In Evaluating Health Care Provider Combinations

Posted 02/12/14

By Axel Bernabe The FTC’s recent victory in unwinding the St. Luke’s Health System and Saltzer Medical Group merger in Idaho provides a cautionary note to hospitals and other health care providers contemplating mergers. Mergers that threaten to give an entity market power to demand higher rates for health services to insurers are likely to be challenged. In the St. Luke’s case, the FTC convinced the U.S....

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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Antitrust Today Blog

NLRB Rocks Student-Athlete Cases With Ruling That College Athletes Are Employees Entitled To Unionize

Former West Virginia Running Back Seeks To Block “Fixed” NCAA Scholarships

Show Me The Money Or Go Home: Federal Courts Wrestle With Addressing Reverse-Payment Settlements After Supreme Court’s Actavis Decision

DOJ’s Justification Of American Airlines-US Airways Settlement Identifies Competitive Benefits But Leaves Some Questions Unanswered

Apple Doubles Down On Its Bet Against E-Books Judge

Are Bright-Line Rules The Right Prescription For Reverse-Payment Cases?

Court Orders NCAA To Huddle With Former Players In Settlement Talks

EU Accepts Visa Interchange Fee Caps

Apple Gets Half A Loaf Of Bread In “Losing” Appellate Challenge Of Antitrust Monitor

FTC Performs Balancing Act In Evaluating Health Care Provider Combinations

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