Some lawyers focus on litigation. Other lawyers spend their time on transactions or mergers & acquisitions. Many lawyers offer some sort of legal counseling. And another group—often in Washington, DC or Brussels—spend their time close to the government, usually either administrative agencies or the legislature. But your friendly antitrust attorneys—the superheroes of lawyers—do all of this. That is part of […]
In many instances, conduct involving the business of insurance is, indeed, exempt from antitrust liability. So why does insurance sometimes get a free pass? In 1945, Congress passed a law called The McCarran-Ferguson Act. Insurance, of course, has traditionally been regulated by the States. Territorial and jurisdictional disputes between the States and the Federal government are […]
Competitors that engage in false advertising (about themselves or their competition) are subject to a Lanham Act claim in the United States. To prevail on a false-advertising claim under the Lanham Act, a plaintiff must satisfy the following elements: (1) a false or misleading statement of fact; that is (2) used in a commercial advertisement […]
The US Supreme Court does not review many antitrust cases. So when they do, it is kind of a big deal for antitrust attorneys around the world. On Tuesday, the Supreme Court heard oral arguments in North Carolina Board of Dental Examiners v. FTC, which addressed the scope of state-action immunity from antitrust liability. More specifically, […]
So here’s an idea. Let me know what you think: A hedge fund or other investment vehicle centered on antitrust analysis. I’ll explain. As you might know, I am an antitrust attorney. And I write a blog on antitrust and competition law. So, as you may expect, I follow antitrust developments somewhat obsessively at times. As a […]
Some antitrust questions are easy: Is 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 restrictive covenant is often part of an employment agreement that restricts the employee’s actions after leaving employment. They typically prohibit the employee from competing in particular markets for a period of time after leaving the employer, but may also keep the employee from soliciting the company’s customers or even employees after leaving. They are, […]
Companies like to reward their best customers with discounts. It happens everywhere from the local sandwich shop to markets for medical devices, pharmaceutical products, airline tickets, computers, consumer products, and many other products and services. Customers like loyalty-discount programs (or rebates) because they get more for less. And the reason so many companies offer them […]
Peter Thiel wrote a provocatively titled article “Competition is for Losers” in the Review section of last weekend’s Wall Street Journal. It is a great article. And his discussion is not only a good antitrust and competition primer—without the jargon—but is also absolutely accurate. Of course, you have to read beyond the headline, which is, like most […]
When you think about antitrust cases, you usually consider the question—often framed at the motion to dismiss stage as a Twombly inquiry—whether the defendants actually engaged in an antitrust conspiracy. But, sometimes, the question is whether the defendants are actually capable of conspiring together. et’s say you want to sue a corporation under the antitrust laws, but can’t find […]
International Referral, the world’s largest exclusive network of advisory firms is delighted to introduce Abhishek Khare of khare legal chambers. Abhishek has joined IR as our exclusive Competition Law Member in India. Abhishek is a passionate litigator , he represents and appears for clients in various judicial and arbitration on corporate commercial disputes, energy arbitration, competition law […]
Have you ever wondered how much it would cost you to litigate an antitrust case in the United States, with its wide-ranging discovery and multiple stages for dispositive motions? The answer, of course, varies depending upon the case and how far along you go before you either settle or the case is dismissed. But I […]