Supreme Court of the United States

By Michael A. Carrier In this issue CPI includes a special feature on the SmithKline Beecham Corp. v. King Drug Co. of Florence (“King Drug”) case to be decided by the SCOTUS this fall. In its 2013 decision in FTC v. Actavis, the U.S. Supreme Court held that agreements by which brand-name drug companies pay […]

By Max Huffman – This article addressed the role the late Justice Scalia played in the U.S. Supreme Court’s antitrust decisions during his tenure on the Court. Was Justice Scalia rightly considered a prominent member of the Chicago School of antitrust thought and policy? Leading proponents are – or were – Robert Bork, Justice Scalia’s […]

This article is part of a Chronicle. See more from this Chronicle Kevin Caves, Hal Singer, May 15, 2015 We need directions. Without them, we would be lost. Ditto for rules on how firms with market power may behave in the marketplace. How can I set prices inside and outside this bundle without running afoul […]

This article is part of a Chronicle. See more from this Chronicle Jane Willis, Amy Paul, Apr 27, 2015 In February 2015, the Supreme Court of the United States decided the second case in two years regarding state action antitrust immunity. In ruling that the North Carolina Dental Board, which is comprised of active market […]

This article is part of a Chronicle. See more from this Chronicle Bruce Sokler, Helen Kim, Apr 27, 2015 The Supreme Court’s recent decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission potentially exposes hundreds of state regulatory and licensing entities nationwide to liability for alleged anticompetitive practices. As was the case […]

This article is part of a Chronicle. See more from this Chronicle Austin Smith, Logan Breed, Robert Leibenluft, Apr 27, 2015 The Supreme Court’s recent decision in North Carolina Board of Dental Examiners v. Federal Trade Commission will have a real and lasting effect on how state boards regulate and license scores of professions. The case […]

This article is part of a Chronicle. See more from this Chronicle Kenneth Field, Michael Knight, Bevin M.B. Newman, Apr 27, 2015 In an important decision, North Carolina State Board of Dental Examiners vs. FTC, the U.S. Supreme Court has held that, where a state professional regulatory board is controlled by active market participants in the […]

This article is part of a Chronicle. See more from this Chronicle Herbert Hovenkamp, Apr 27, 2015 The North Carolina Dental Examiners case is the second time in two years that the Supreme Court rejected a “state action” defense to an anticompetitive arrangement that had been approved under state law and that very likely visited any […]

This article is part of a Chronicle. See more from this Chronicle Amy Paul, Jane Willis, Apr 29, 2014 It is well-settled under Supreme Court precedent that antitrust immunity may apply when either (i) a state exercises its legislative authority by passing a regulation or (ii) an actor acts at the direction of the state, […]