THE PER SE RULE AGAINST HARD-CORE ANTITRUST VIOLATIONS: ETCHED IN STONE OR ENDANGERED SPECIES?
Last year, the District Court for the District of Utah held that the rule of reason governed a criminal antitrust prosecution by the Department of Justice, filed against a company that allocated customers with a competitor. This trial level ruling is on appeal to the Tenth Circuit. The Court of Appeals’ decision could significantly affect both criminal and civil antitrust actions. This article addresses the pending case and appeal, and also discusses other recent DOJ enforcement actions, which the DOJ has filed as civil, rather than criminal, Sherman Act violations. The article further addresses whether these recent DOJ cases may be diluting the message that per se treatment has, traditionally, conveyed.
Featured News
Clifford Chance Expands Global Antitrust Team with New Partner
Dec 6, 2024 by
CPI
Spain’s Financial Regulator Awaits Antitrust Decision on BBVA’s Hostile Bid for Sabadell
Dec 5, 2024 by
CPI
RealPage Seeks Dismissal of DOJ Antitrust Suit, Citing Legal Flaws
Dec 5, 2024 by
CPI
EU Competition Chief Signals Potential Google Breakup Amid Big Tech Scrutiny
Dec 5, 2024 by
CPI
Turkey Closes Antitrust Probe into Meta’s Threads-Instagram Practices
Dec 5, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Moats & Entrenchment
Nov 29, 2024 by
CPI
Assessing the Potential for Antitrust Moats and Trenches in the Generative AI Industry
Nov 29, 2024 by
Allison Holt, Sushrut Jain & Ashley Zhou
How SEP Hold-up Can Lead to Entrenchment
Nov 29, 2024 by
Jay Jurata, Elena Kamenir & Christie Boyden
The Role of Moats in Unlocking Economic Growth
Nov 29, 2024 by
CPI
Overcoming Moats and Entrenchment: Disruptive Innovation in Generative AI May Be More Successful than Regulation
Nov 29, 2024 by
Simon Chisholm & Charlie Whitehead