Yes, in certain narrow circumstances, refusing to do business with a competitor violates Section 2 of the Sherman Act, which regulates monopolies, attempts at monopoly, and exclusionary conduct. This probably seems odd—don’t businesses have the freedom to decide whether to do business with someone, especially when that person competes with them? When you walk into a store and […]
If you liked the old computer game, “Minesweeper,” then you’re ready to take on Hart-Scott-Rodino (HSR) filings for antitrust review of mergers & acquisitions. Both have rules. And both can produce unexpected catastrophes even if think you’re following the rules. In fact, major clients, advised by major law firms, have been hit with hundreds of thousands […]
If you liked the old computer game, “Minesweeper,” then you’re ready to take on Hart-Scott-Rodino (HSR) filings for antitrust review of mergers & acquisitions. Both have rules. And both can produce unexpected catastrophes even if you think you’re following the rules. In fact, major clients, advised by major law firms, have been hit with hundreds of […]
On behalf of Payton & Associates, LLC posted in Contract Disputes on Thursday, August 23, 2018. People and businesses in Florida enter into contracts every day. People enter into contracts when they agree to pay for services or goods. These are very basic contracts in which a customer is agreeing to pay the business for a good or service. […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Anthony Bochon of Everest Law. Anthony has joined IR as our exclusive Competition Law Member in Belgium. Everest is a law firm specialised in legal services for businesses and corporations. Everest is comprised of a team of lawyers, each highly specialised […]
Author: Luis Blanquez On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the ability of online retailers to set their own retail prices for a variety of widely-used consumer electronics products. Background The Commission’s e-commerce sector inquiry, which the Commission published in May 2017 as part of its Digital […]
Author: Luis Blanquez On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the ability of online retailers to set their own retail prices for a variety of widely-used consumer electronics products. Background The Commission’s e-commerce sector inquiry, which the Commission published in May 2017 as part of its Digital […]
Plaintiffs must establish “antitrust injury” to recover under federal antitrust laws. This means injury of the type the antitrust laws were intended to prevent and that flows from that which makes the defendant’s conduct unlawful. A plaintiff must satisfy two separate elements to prove antitrust injury: 1. Injury to the plaintiff is of a type that […]
As an antitrust attorney with an antitrust blog, my phone rings with a varied assortment of antitrust-related questions. One of the most common topics involves resale-price maintenance. “Resale price maintenance” is also one of the most common search terms for this blog. That is, people want to know when it is okay for suppliers or manufacturers to dictate or […]
Some antitrust questions are easy: Is naked price-fixing among competitors a Sherman Act violation? Yes, of course it is. But there is one issue that is not only a common occurrence but also engenders great controversy among antitrust attorneys and commentators: Is price-fixing between manufacturers and distributors (or retailers) an antitrust violation? This is usually called a resale-price-maintenance […]
The United States Court of Appeals for the Fifth Circuit agreed on July 17, 2018 to stay the FTC’s Action against the Louisiana Real Estate Appraisers Board. The Fifth Circuit’s one-line decision rejects the FTC’s opposition to the Board’s requested stay and allows immediate appellate review of the FTC’s significant state-action-immunity rejection. You might recall […]
The US Supreme Court ruled on June 11, 2018 in China Agritech v. Resh that its earlier judicially-created tolling rule for class actions does not allow new class actions beyond the time allowed by the applicable statute of limitations. In a 1974 case called American Pipe, the US Supreme Court held that the filing of a class action lawsuit will toll the […]