Search for: "S. Sherman"
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25 Jul 2022, 8:49 pm
Davila of the United States District Court for the Northern District of California granted IPCom's December 2021 motion to dismiss an amended complaint by Lenovo and its Motorola Mobility subsidiary that alleged breach of contract, monopolization in violation of U.S. antitrust law (Sherman Act Sec. 2), and sought a declaratory judgment of non-infringement of two IPCom patents. [read post]
25 Jul 2022, 10:00 am
It was not until 21 years after passage of the Sherman Antitrust Act that the Supreme Court held that Section 1 of the act’s prohibition on contracts, combinations, and conspiracies “in restraint of trade” only covered unreasonable restraints of trade (see Standard Oil Co. of New Jersey v. [read post]
25 Jul 2022, 6:59 am
Here’s the Monday morning read: Two-thirds of Americans support Supreme Court term limits, poll finds (Erin Doherty, Axios) Cheney: Jan. 6 panel prepared to consider subpoena for Ginni Thomas (Jesse Naranjo, Politico) Supreme Court leak probe: So many questions, so few answers (Mark Sherman, Associated Press) ‘Beast Mode’ Biden vs. the Supreme Court (Allysia Finley, The Wall Street Journal) A Court Without Precedent (David Litt, The Atlantic) The post The morning… [read post]
25 Jul 2022, 6:57 am
Under U.S. law, a firm with monopoly power runs afoul of the Sherman Act if it engages in anticompetitive conduct that excludes competition in a product market. [read post]
25 Jul 2022, 6:48 am
According to DOJ’s press release: Metric Lab Services LLC and Metric Management Services LLC (collectively, Metric) and Spectrum Diagnostic Labs LLC (Spectrum) and two of their owners and operators, Sherman Kennerson and Jeffrey Madison, have agreed to pay $5.7 million to resolve allegations that they caused the submission of false claims to Medicare by paying kickbacks in return for genetic testing samples, the Department of Justice announced today.Metric and… [read post]
25 Jul 2022, 6:00 am
The bill’s language would open up a new space and move [read post]
25 Jul 2022, 4:20 am
The Biden administration’s plan involves DOJ and the Department of Agriculture Department enforcement of three key pieces of antitrust legislation: the Packers and Stockyards Act, the Clayton Act and the Sherman Act. [read post]
22 Jul 2022, 7:46 pm
Proponents of Robert Bork’s (in)famous assertion that congressional intent of the Sherman Act was intended solely to protect consumer welfare, which Bork translated as allocative efficiency, will not be convinced. [read post]
22 Jul 2022, 2:19 pm
Under the affirmed decision, Conti lacked antitrust standing and failed to plead Sherman Act claims. [read post]
22 Jul 2022, 6:33 am
EPA environment, any FTC action that “reinvigorate[s] the FTC’s standalone Section 5 authority … beyond the four corners of the Sherman Act and the Clayton Act” very likely poses some major questions. [read post]
19 Jul 2022, 11:39 am
Depending on who will join the plaintiff class (of the thousands of entities that would meet the eligibility criteria), this case here could get a lot more serious than some consumer or "small developer" class actions that typically end in settlements that benefit the lawyers to a far greater extent than anybody else.Sherman Act claims: There's a tying claim (Sherman Act Section 1) that is described as a "requirements tie. [read post]
11 Jul 2022, 2:50 pm
So, while the NCAA’s policy change was monumental for student-athletes, the NCAA’s last-minute decision created some administrative burdens on the schools and the student-athletes. [read post]
11 Jul 2022, 9:27 am
The Department of Justice recently filed a complaint to prevent Booz Allen Hamilton’s $440 million acquisition of “agile and innovative” competitor EverWatch, Inc.[1] Among the notable aspects of the complaint is its definition of the relevant market as a single NSA contract and its assertion that the merger agreement itself constituted a violation of Section 1 of the Sherman Act. [read post]
11 Jul 2022, 8:39 am
The Supreme Court’s decision in Empagran concerned an antitrust class-suit alleging the application of the Sherman Act even though the alleged conduct and harm were occurred significantly on foreign territory. [read post]
11 Jul 2022, 7:33 am
Here’s the Monday morning read: Administration seeks Supreme Court OK on deportation policy (Mark Sherman & Paul Weber, Associated Press) ‘Operation Higher Court’: Inside the religious right’s efforts to wine and dine Supreme Court justices (Peter S. [read post]
8 Jul 2022, 11:21 am
The Department of Justice recently filed a complaint to prevent Booz Allen Hamilton’s $440 million acquisition of “agile and innovative” competitor EverWatch, Inc.[1] Among the notable aspects of the complaint is its definition of the relevant market as a single NSA contract and its assertion that the merger agreement itself constituted a violation of Section 1 of the Sherman Act. [read post]
7 Jul 2022, 11:26 am
FTC’s Unique Role as an Administrative Adjudicator The FTC’s Part III adjudication authority is central to its mission of preserving fair competition in the U.S. economy. [read post]
7 Jul 2022, 11:21 am
This observation holds true in all business-crimes prosecutions but is particularly apt for a criminal Sherman Act prosecution. [read post]
7 Jul 2022, 7:14 am
Continental’s complaint alleged that this refusal constituted, among other things, a breach of the nondiscrimination element of the SEP holders’ FRAND obligations, a group boycott in violation of Section 1 of the Sherman Act, and an abuse of the standardization system constituting monopolization in violation of Section 2 of the Sherman Act. [read post]
6 Jul 2022, 7:02 am
Supreme Court’s decision in Lyng v. [read post]
