June, 2011, Blog o’ Blogs
Our justices have been very busy this month; we highlight a number of decisions that impact antitrust: Walmart, Brantley, Mercatus v Lake Forest. In other areas, two of our authors question the FTC’s motivations, two European authors look into who should pay for competition law and the role of competition in economic growth, and we investigate how the reverse payments controversy also applies to high tech companies. Our final article poses a lesson in Greek mythology: Were Cassandra’s prophecies right or wrong?
A Death Blow to Class Action?
What will be the impact of the Supreme’s Walmart v. Dukes decision-a N.Y. Times debate.
Suzette Malveaux (Catholic Univ.), Matthew Bodes (St. Louis Univ.), Ralph Richard Banks (Stanford), John Elwood (Appellate Lawyer), Tanya Hernandez (Fordham Law), Richard Primus (Univ. of Michigan), & Melissa Hart (Univ. of Calif.)
Ninth Circuit Moves Tying Doctrine in the Right Direction. Will Scotus Follow?
If appealed, the decision could provide the Roberts Court with an opportunity to do for tying what its Leegin decision did for resale price maintenance.
Thom Lambert (Truth on the Market)
Who Should Pay for Competition Law Enforcement?
The current UK consultation suggests that in the main it should be [some of] the users.
Martin Hviid (East Anglia)
Antitrust Unit Tightening Up?
This administration, just like the previous one, is generally focused on whether it can win in court.
Danielle Douglas (Washington Post)
First Amendment Rights Provide Antitrust Shield for Successful Petitioning to Block Potential Rival
How far can a competitor go in an effort to convince a local government to block a potential rival from setting up shop in its area without running afoul of the antitrust laws??
Jeffrey May (AntitrustConnect Blog )
What’s Really Motivating the Pursuit of Google?
When economic sense takes a back seat to political aggrandizement, we should worry about the effect on markets, innovation and the overall health of the economy.
Geoffrey Manne (Main Justice)
Reverse Payment Terms in ANDA Settlement Agreements
Never ask for whom the bell tolls.
David Ryan (excerpt from The Computer and Internet Lawyer)
Europe’s Competitiveness Trap
A flawed understanding of what drives economic growth has emerged as the gravest threat to recovery in Europe.
Simon Tilford (Project Syndicate)
Cassandra, the Fear of Overregulation, and the CFPB
Baram (in the Huffington Post) may have stumbled upon something here.
Josh Wright (Truth on the Market)
Featured News
US Consumer Watchdog Eyes Expansion of ‘Junk Fee’ Crackdown Ahead of 2024 Election
Oct 10, 2024 by
CPI
Brazil Proposes Reform to Competition Law Targeting Big Tech
Oct 10, 2024 by
CPI
Meta Enhances User Data Control, Resolving German Antitrust Dispute
Oct 10, 2024 by
CPI
X May Be Excluded from EU’s Strict Tech Rules, Sources Suggest
Oct 10, 2024 by
CPI
G7 Targets Competitive Imbalances in Semiconductor Industry
Oct 10, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Refusal to Deal
Sep 27, 2024 by
CPI
Antitrust’s Refusal-to-Deal Doctrine: The Emperor Has No Clothes
Sep 27, 2024 by
Erik Hovenkamp
Why All Antitrust Claims are Refusal to Deal Claims and What that Means for Policy
Sep 27, 2024 by
Ramsi Woodcock
The Aspen Misadventure
Sep 27, 2024 by
Roger Blair & Holly P. Stidham
Refusal to Deal in Antitrust Law: Evolving Jurisprudence and Business Justifications in the Align Technology Case
Sep 27, 2024 by
Timothy Hsieh