In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed between the
Antitrust Advocate
News, Developments and Practical Advice from Antitrust Leaders
Antitrust Advocate, published by Baker & Hostetler LLP, focuses on developments and analysis in antitrust law and competition policy. The blog covers topics such as merger reviews and challenges, enforcement actions by the Federal Trade Commission and Department of Justice, antitrust litigation including no-poach agreements and labor market issues, and regulatory changes affecting antitrust compliance. It also addresses international antitrust enforcement trends and legislative updates in jurisdictions like the UK, EU, and Canada. The blog provides insights into the intersection of antitrust law with technology markets, sports leagues, and environmental sustainability agreements.
Latest from Antitrust Advocate - Page 12
Caught Between a Rock and a Hard Place: The Second Circuit to Decide Appeal From Cartel Defendants Who Argued Compliance With Chinese Law Resulted in Sherman Act Violations
On January 28, 2016, the United States Court of Appeals for the Second Circuit heard arguments on whether the doctrines of act of state, foreign sovereign compulsion, and international comity required the reversal of a jury’s verdict against two Chinese…
FTC Skeptical of West Virginia Legislature’s Proposal to Immunize Certain Health Care Providers’ Activities from Antitrust Laws
We recently wrote about the FTC filing a complaint, In re Cabell Huntington Hospital (FTC Docket No. 9366), objecting to the merger of two West Virginia hospitals. The FTC filed its complaint against the wishes of West Virginia’s antitrust enforcer,…
Does FTC Vacancy Affect Ability to Resolve Issues?
By Barry Cutler
Many have been asking in the last few days what the effect will be of Commissioner Julie Brill’s announced resignation from the Federal Trade Commission (“FTC”). Will it change things as the Supreme Court seems to be changing without Justice…
FTC’s Amicus Brief in Wellbutrin XL Appeal Highlights Significance for Interpretation of Actavis
The FTC has recently weighed in again on the evolving interpretation of the Supreme Court’s 2013 opinion in FTC v. Actavis, 133 S. Ct. 2223 (2013). The agency submitted an amicus brief to the Third Circuit in the appeal of…
Justice Scalia’s Antitrust Legacy: Part 1, The Majority Opinions
Justice Antonin Scalia once observed that “the American people are neither sheep nor fools,” in McConnell v. Federal Election Commission, 540 U.S. 93 (2003). During his 30 years on the U.S. Supreme Court, he wrote 104 majority opinions but…
Please Join BakerHostetler
Please join BakerHostetler for cocktails and hors d’oeuvres as we celebrate
the arrival of the cherry blossoms in our nation’s capital.
Thursday, April 7, 2016 | 5:30 – 7:30 p.m.
1331 Bar & Lounge
Located on the Pennsylvania Avenue Level
JW…
Are the Patent Trolls Vulnerable to Antitrust Claims?
We previously wrote about the nascent efforts of legislators, regulators, and representatives of technology-dependent industries to use the antitrust laws, such as Section 2 of the Sherman Act or Section 7 of the Clayton Act, to rein in perceived abuses…
Former FTC Chair Kovacic Rates the Presidential Candidates
As has been reported by William McConnell at TheStreet, former FTC Chair Bill Kovacic delivered a frank assessment of the four leading presidential candidates’ antitrust stances at a program sponsored by the Heritage Foundation on Tuesday. Kovacic noted that the…
FTC Brushes Aside AG, Regulators to Attack Local Hospital Merger
The Federal Trade Commission (FTC) continued its relentless focus on combinations in the healthcare industry last month when it filed an administrative complaint challenging a merger of two West Virginia hospitals, In the Matter of Cabell Huntington Hospital (FTC Docket…