Antitrust Group Archives - Page 156 of 165

Big Companies Experiencing The Joys And Heartaches Of The Antitrust Underdog

Posted 02/15/10

Can antitrust law protect big companies as well as small companies and consumers? An increasing number of large companies are discovering – as plaintiffs – that the answer is yes. Many practitioners ascribe to the following paradigm: Antitrust enforcement is an anathema to large companies. They point to the fact that big companies, like Microsoft, AT&T and Verizon, have repeatedly fought private plaintiffs...

Tagged in: Antitrust Enforcement, Monopolization,

MP3 Player Plaintiffs Go For Third Bite At The Apple

Posted 02/11/10

Plaintiffs in The Apple iPod iTunes Anti-Trust Litigation – a putative class action accusing Apple of anti-competitive conduct in the portable MP3 player market – are hoping the third time’s the charm as they again seek to convince the court they have a viable claim. The plaintiffs have filed an amended complaint after the U.S. District Court for the Northern District of California twice rejected claims that...

Tagged in: Monopolization,

Should Manhattan Hospitals Prepare For Outbreak Of Monopolization?

Posted 02/10/10

St. Vincent’s Hospital in Manhattan may have survived its recent brush with possible monopolization, but its financial health leaves it susceptible to relapse. That’s the diagnosis of some antitrust practitioners, who are bracing for another outbreak. The weak financial health of St. Vincent's Hospital has been in the news lately. News reports indicate that St. Vincent's, located on Manhattan’s West 12th...

Tagged in: Antitrust Enforcement,

DOJ And NCAA May Face Off In Antitrust Bowl

Posted 02/9/10

The U.S. Department of Justice is weighing whether to pursue an investigation into the legality of the National Collegiate Athletic Association ("NCAA") Bowl Championship Series ("BCS"), which critics contend unfairly excludes smaller universities from the national football title. Senator Orrin Hatch raised the issue in a letter to the Justice Department in October 2009 in which he complained that the BCS system is...

Tagged in: Antitrust Enforcement,

Microsoft’s Datel Defense Takes Bite Out Of Apple’s Playbook

Posted 02/8/10

Microsoft is battling its latest antitrust challenger – Datel – by taking a page out of the antitrust playbook of its archrival, Apple. Microsoft is being sued by Datel, a manufacturer of “video game enhancement products,” for allegedly monopolizing an aftermarket for accessories to Microsoft’s popular Xbox 360 video game system in Datel Holdings Ltd. et al. v. Microsoft Corp., Case No. CV 09-5535 EDL. ...

Tagged in: Antitrust Litigation,

New Merger Guidelines Could Tell Economists: Drop That Hypothetical Can Opener

Posted 02/4/10

Federal antitrust enforcers are signaling that they don’t want merger enforcement to be the butt of the classic joke about the shipwrecked economist who solves the problem of how to open a can of soup by assuming a can opener. Merger justifications that assume hypothetical competitors would block anticompetitive effects may not pass the laugh test under new Merger Guidelines. Antitrust enforcers are likely to...

Tagged in: Antitrust Enforcement,

Will Supreme Court’s Citizens United Decision Doom McCarran-Ferguson Repeal?

Posted 02/2/10

The prospects for repeal of the McCarren-Ferguson Act’s antitrust exemption for health insurers may have gotten a bit dicier with the Supreme Court’s landmark decision giving the green light to corporate spending in political elections. The Court in Citizens United v. Federal Election Commission held that the government may not ban “independent expenditures” for “political speech” by corporations in...

Tagged in: Antitrust Litigation,

Supreme Court Eyes Threading American Needle At Oral Argument

Posted 01/29/10

If the recent oral argument in American Needle, Inc. v. National Football League is any guide, the U.S. Supreme Court might just thread the needle and decide that case on a narrower, more middle-ground, basis than the Seventh Circuit decision, which raised the specter of freeing all professional sports leagues from antitrust scrutiny. The Supreme Court heard oral argument on January 13, 2010, in the much...

Tagged in: Antitrust Litigation,

Obama DOJ Makes Ticketmaster Work For Its Ticket To Ride With Live Nation

Posted 01/28/10

Although Ticketmaster’s got a ticket to ride with its merger target, Live Nation, the ticket vendor is finding that the price of a ticket for a merger has gone up in the Obama Administration. The Antitrust Division of the U.S. Department of Justice forced Ticketmaster this week to take actions to achieve antitrust clearance of its merger with Live Nation. Among other things, Ticketmaster was compelled to...

Tagged in: Antitrust Enforcement,

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...

Tagged in: Antitrust Litigation,

Contact

Click here for a confidential contact or call:

Antitrust Group

Big Companies Experiencing The Joys And Heartaches Of The Antitrust Underdog

MP3 Player Plaintiffs Go For Third Bite At The Apple

Should Manhattan Hospitals Prepare For Outbreak Of Monopolization?

DOJ And NCAA May Face Off In Antitrust Bowl

Microsoft’s Datel Defense Takes Bite Out Of Apple’s Playbook

New Merger Guidelines Could Tell Economists: Drop That Hypothetical Can Opener

Will Supreme Court’s Citizens United Decision Doom McCarran-Ferguson Repeal?

Supreme Court Eyes Threading American Needle At Oral Argument

Obama DOJ Makes Ticketmaster Work For Its Ticket To Ride With Live Nation

Is The Plural Of Email “Economic Evidence”?

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: