This late-summer edition of Commercial Roundup features a notable ruling on personal jurisdiction, a pair of False Claims Act decisions, a couple of opinions tossing class certification orders, a 2-1 split in a securities fraud case (the dissent has the
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Big Boost in Antitrust Funding Won’t Happen in 2023
The near-term prospects for significantly boosting antitrust enforcement appropriations look doubtful.
As I mentioned last month in Antitrust Enforcers Must Have More Funding, the Antitrust Division in the Department of Justice and the Federal Trade Commission need a boost
Commercial Roundup – July 26, 2023
Welcome to the Commercial Roundup for July 26, 2023. With the U.S Supreme Court and the highest courts of New York and Texas on hiatus, the Supreme Court of Delaware and nine of the 13 U.S. Courts of Appeals supplied
Why the District Court Didn’t Stop Microsoft from Buying a Top Spot in a Consolidating Video-Game Market
Two writers who cover antitrust issues asked me to comment on a Northern District of California judge’s July 11th ruling that the Federal Trade Commission hadn’t met its burden of proving grounds for a preliminary injunction against Microsoft’s $69 billion
Commercial Roundup – July 13, 2023
Welcome to The Commercial Roundup for July 13, 2023. While the pace of new opinions has slowed, it has not stopped. And this issue includes the end of the Supreme Court’s 2022-23 Term.
- False statements about and manipulating reviews of
Antitrust enforcers must have more funding
Washington DC. September 20, 1987
Robert Bork said that serving on the U.S. Supreme Court “would be an intellectual feast”.[1]
Abstract, arcane, and avid for tricky math, the technocratic approach Bork advocated in The Antitrust Paradox: A Policy at War
Commercial Roundup – June 28, 2023
Welcome to The Contingency’s Commercial Roundup for June 28!
Since our last issue, much has happened, not least FeedSpot’s recognition of The Contingency as one of the 30 Best Antitrust Law Blogs and Websites.
Paying More in the “But-For World” as Injury to “Property”
Last month, the American Antitrust Institute and three economists moved to file amicus briefs in favor of an economic model that quantifies what Google describes as “happiness”. AAI and the economists seek to support opinion evidence in antitrust litigation against
Commercial Roundup – June 14, 2023
- Buyer of rights to heart-valve repair device met promises to promote device with buyer’s usual “efforts and level of care”.
- Calling computer-security software “malicious” and a “threat” implied facts, not opinions, and therefore could violate Lanham Act.
- Order
Antitrust Lessons for Patent Cases
A golden age of civil antitrust, from the 1960s into the 1980s, enriched the victims of cartels and monopolies but upset corporate America. The high cost of paying treble damages claims eventually provoked a spare-no-expense approach to defense. That in