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Page 146 of 154

Is The Plural Of Email “Economic Evidence”?

Posted  01/27/10
The aphorism that the “plural of anecdote is data” is being put to the test in federal courts as judges grapple with the question of whether emails and other anecdotal evidence can form the basis of reliable expert economic opinion. Recent federal court decisions concerning the type of evidence that may be relied upon by economic experts in formulating opinions indicate that the plural of email might just be...

Hearing Date Set for Comcast-NBC Universal Deal

Posted  01/20/10
The Senate Judiciary's Antitrust Subcommittee has announced that it will hold a hearing on the Comcast-NBC Universal deal on February 4.   The notice of hearing is available here. For additional information on this pending hearing, please see our earlier post here.

House Judiciary Committee to Consider Antitrust Status of National Football League

Posted  01/16/10
The chairman of the House Judiciary Committee, Rep. John Conyers (D.-Mich.), has announced that on January 20, the Committee’s Subcommittee on Courts and Competition Policy will hold a hearing on the Supreme Court’s pending decision in American Needle, Inc. v. National Football League. The notice of the hearing can be found here: http://judiciary.house.gov/hearings/hear_100120.html In the case below, the...

Intellectual Property and Antitrust - Current Conflicts and Future Trends

Posted  01/14/10
CC Attorney Jeffrey I. Shinder
Jeffrey Shinder presented to the Cleveland Intellectual Property Lawyers' Association (CIPLA) in Cleveland, Ohio.

Second Circuit Revives Internet Music Price-Fixing Case That Record Giants Thought Had Been Killed By The Twombly Silver Bullet

Posted  01/14/10
Antitrust defendants got a reminder yesterday that while the United States Supreme Court may have stiffened pleading requirements in recent years, its Twombly decision is not always a silver bullet. Applying Twombly (which often means the dismissal of an antitrust case), the Court of Appeals for the Second Circuit yesterday restored a complaint alleging price fixing of internet music by major record labels –...

The Antitrust Class Action Comes To Italy

Posted  01/13/10
Italian consumer rights group Codacons has filed class action lawsuits against Italy’s two largest banks – Intesa Sanpaolo SpA (ISP.MI) and UniCredit SpA (UCG.MI) – for banking fees paid by more than 25 million customers. The cases are the first to be brought under a new law permitting class action suits in Italian courts, and could force the two banks to pay up to 6.25 billion Euros (approximately nine...

Saints’ Quarterback Says: Say It Ain’t So, Supremes

Posted  01/8/10
It may be a Hail Mary pass, but New Orleans Saints quarterback Drew Brees has thrown a long bomb to the Supreme Court with a Washington Post op-ed that warns the Supremes that their decision in the upcoming case of American Needle, Inc. v. National Football League, could end up sacking both professional athletes and antitrust enforcement. At issue in the American Needle case is the extent to which the NFL – and...

Congress To Consider Comcast-NBC Deal

Posted  01/5/10
News reports indicate that the Senate Judiciary’s Antitrust Subcommittee will vet the Comcast-NBC Universal joint venture in late January or early February.  The reports indicate that Comcast Chairman Brian Roberts and NBC Universal President Jeff Zucker will testify at the hearing. Comcast and NBC Universal announced the $30 billion deal on December 3, 2009.  Because it combines substantial assets in...

Second Circuit Extends Implied Preclusion Of Antitrust Laws To Prime Brokers

Posted  12/30/09
The Second Circuit has extended the implied preclusion doctrine with its recent decision affirming the dismissal by the Southern District of New York of a Sherman Act class action in Electronic Trading Group, LLC v. Banc of America Securities LLC (“Short Sale”). The Short Sale decision is based on the implied preclusion doctrine established by the Supreme Court in Credit Suisse Securities (USA) LLC v....

Will The DOJ’s Holiday Greeting To The EC Bring Holiday Cheer?

Posted  12/29/09
The DOJ’s Antitrust Division has sent the European Commission a holiday greeting that appears designed to mollify the EC after a DOJ statement last month that the EC viewed as a lump of coal in its Christmas stocking. “The Department of Justice's Antitrust Division commends the efforts of the European Commission …”  These were the opening words of a surprising statement issued by Assistant Attorney General...
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