Topic
Monopoly
203 published works
Food Liability Law
5-Hour Energy v. 8-Hour Energy: Monopolization Claim Flops
By Jay Eckhardt
In an unfair competition suit under 15 U.S.C. § 1125, the king of the two-ounce energy shot, 5-Hour Energy, is suing the makers of 8-Hour Energy in the Eastern District…
TortsProf Blog
Stucke on Monopolist’s Deception
Maurice Stucke (Tennessee) has posted to SSRN When a Monopolist Deceives. The abstract provides:This essay uses one context - a monopolist’s deceptive advertising or product disparagement - to illustrate how…
Washington Energy Report
FERC Approves NYISO Market Mitigation Reforms
On May 20, 2010, FERC accepted a request by the New York Independent System Operator, Inc. (“NYISO”) to subject three generators to a new market mitigation rate schedule (“Rate Schedule…
Antitrust Law Blog
Where There Is an “At-Will,” There Is a Way
A market share discount engaged in by an alleged monopolist, coupled with a new product innovation that was not compatible with competitor's products, passes Sherman Act scrutiny. Allied Orthopedic v.…
The Contingency
Do Merger Guidelines Matter in Monopolization Cases?
The head of the DOJ's Antitrust Division, Christine Varney, has done a lot to change the Division's orientation on enforcement of Sherman Act section 2, which makes monopolization and attempts…
MS Litigation Review & Commentary
$8.3 Million Attorney Fee Sought in Attorney General Jim Hood Microsoft Action
Plaintiff’s attorneys are seeking an $8.3 million attorney’s fee following a $40 million settlement between Microsoft and the State of Mississippi stemming from allegations that Microsoft monopolized the personal computer market…
The Contingency
Monopolist Beats Antitrust Rap
The Ninth Circuit affirmed summary judgment for Tyco Health Care Group on claims that it violated sections 1 and 2 of the Sherman Act via anticompetitive contracts and other bad…
International Law Prof Blog
Europe Drops Its Latest Antitrust (Competition) Law Case Against Microsoft
In more European legal news, the European Commission (EC) has decided to drop a case alleging that the software giant, Microsoft, harms competition by bundling Internet Explorer with its Windows software. The EC's…
Antitrust Law Blog
Supreme Court’s <em>Linkline</em> and <em>Trinko</em> Decisions Result in Tenth Circuit Dismissal of Section 2 Monopolization Case
The Tenth Circuit's recent dismissal of Section 2 monopolization and attempted monopolization claims in Four Corners Nephrology Associates, P.C. v. Mercy Medical Center of Durango, -- F.3d ---, 2009 WL…
Antitrust Law Blog
Supreme Court’s Linkline and Trinko Decisions Result in Tenth Circuit Dismissal of Section 2 Monopolization Case
The Tenth Circuit's recent dismissal of Section 2 monopolization and attempted monopolization claims in Four Corners Nephrology Associates, P.C. v. Mercy Medical Center of Durango, -- F.3d ---, 2009 WL…