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15 Aug 2008, 6:13 pm
The Pfizer Decision The court in Pfizer began its analysis by noting that interpretations of federal antitrust law were not dispositive of the issue of recovery under California’s antitrust statutes as embodied in the Cartwright Act because  “judicial interpretation of the Sherman Act, while often helpful, is not directly probative of the Cartwright drafters’ intent,” State of California ex. rel. [read post]
8 Aug 2008, 6:13 pm
The Pfizer Decision The court in Pfizer began its analysis by noting that interpretations of federal antitrust law were not dispositive of the issue of recovery under California’s antitrust statutes as embodied in the Cartwright Act because  “judicial interpretation of the Sherman Act, while often helpful, is not directly probative of the Cartwright drafters’ intent,” State of California ex. rel. [read post]
11 May 2023, 11:29 am by Ann O'Brien and Lindsey Collins
”[10] Recently in the DOJ’s merger challenge of Assa Abloy’s proposed purchase of Spectrum Brands, the DOJ initially prohibited the smart locks company from divesting assets to any PE buyer to satisfy antitrust concerns, but settled during trial allowing divestiture to a PE firm.[11] We have yet to see whether this is a case-specific issue or signals a broader (and new) Department policy, but it certainly is consistent with AAG Kanter’s… [read post]
11 May 2023, 9:26 am by Ann O'Brien and Lindsey Collins
”[10] Recently in the DOJ’s merger challenge of Assa Abloy’s proposed purchase of Spectrum Brands, the DOJ initially prohibited the smart locks company from divesting assets to any PE buyer to satisfy antitrust concerns, but settled during trial allowing divestiture to a PE firm.[11] We have yet to see whether this is a case-specific issue or signals a broader (and new) Department policy, but it certainly is consistent with AAG Kanter’s… [read post]
26 Jul 2012, 12:54 pm by Roy Ginsburg
  The article below first appeared in the ABA's Magazine, Antitrust, Vol. 26, No. 3. [read post]
14 Mar 2024, 10:07 am by admin
”[8]   What is the genesis of Pinto’s complaint about the exclusion of IARC’s conclusions? [read post]
16 Aug 2015, 9:30 pm by Charles G. Kels
In contrast, the Arizona State Bar’s prohibition on attorney advertising was exempted from liability under the Sherman Act because that state’s highest court had created the rule and was the final arbiter of discipline under it. [read post]
15 Jul 2013, 1:15 pm by Jonathan Bailey
Bottom Line In the end, I find myself agreeing with Cary Sherman at the Recording Industry Association of America, the real test of this system will be its implementation. [read post]
19 Oct 2023, 12:28 pm by Silver Law Group
On October 5, 2023, the SEC filed a petition in the US District Court in the Eastern District Of Texas, Sherman Division. [read post]
30 Mar 2010, 8:48 am by Thom Lambert
If that’s what’s going on, then the arrangement among the institutional investors violates Section 1 of the Sherman Act, even if the parties to the agreement collectively lack market power. [read post]
15 Dec 2015, 5:41 am by Amy Howe
” Last week’s arguments in the challenge to the University of Texas at Austin’s consideration of race in its undergraduate admissions process continue to garner commentary. [read post]
4 May 2022, 1:37 pm by Bona Law PC
Although the girls initially refused the application, the antitrust lawyer changed Rick’s life (as antitrust lawyers do) by threatening to sue the Trooper Girls and their individual members for violating the Sherman Act, including by refusing Rick’s application for anticompetitive reasons contrary to the membership criteria. [read post]
17 Aug 2015, 7:12 am by Katharyn Grant (US)
In each instance, DFA’s inability to sell Estée Lauder products was mentioned as a reason for the airport’s rejection of DFA’s bid. [read post]
29 Apr 2015, 8:55 am by Craig Haughton and Jodie Herrmann
On March 3, 2015, CFPB Director Richard Cordray provided testimony before the House Financial Services Committee in connection with the CFPB’s sixth Semi-Annual Report and responded to questions from Representatives Randy Neugebauer (R-Texas) and Brad Sherman (D-California) as to whether the CFPB would consider a 60-day soft enforcement period after August 1, 2015. [read post]
9 Jul 2009, 10:53 am
Plaintiffs there alleged that defendants “ha[d] entered into a contract, combination or conspiracy to prevent competitive entry . . . and ha[d] agreed not to compete with one another” in violation of Section 1 of the Sherman Act, 15 U.S.C. [read post]
11 Mar 2014, 9:32 am
Justice Holmes, writing for a unanimous Court, said this didn’t fall within antitrust law because it wasn’t interstate commerce (and the presence of interstate commerce is expressly made necessary by the text of the Sherman Antitrust Act). [read post]
24 Jan 2008, 12:17 am
FOOTNOTE 8: It is worth noting that, because the proposed complaint alleges stand-alone violations of Section 5 rather than violations of Section 5 that are premised on violations of the Sherman Act, this action is not likely to lead to well-founded treble damage antitrust claims in federal court. [read post]
15 Jul 2010, 2:20 am by Kevin LaCroix
Supreme Court’s recent decision in the Morrison v. [read post]