Topic
Monopoly
203 published works
The Contingency
Okay for Big Firm to Buy Market, Sixth Circuit Holds En Banc
NicSand and 3M made sandpaper for do-it-yourself body repair folk. They sold the abrasive paper through big retailers, including Wal-Mart, KMart, and and Pep Boys, under exclusive single or multiple…
The Contingency
Post-Trinko Circuit Split Widens as Ninth Circuit Upholds “Price Squeeze” Claim
A 2-1 panel of the Ninth Circuit today held that a "price squeeze" theory of monopolization under section 2 of the Sherman Act survived the decision in Verizon Communications, Inc.…
The Contingency
Third Circuit Reinstates “Patent Hold Up” Monopolization Claim
Today, the Third Circuit reversed dismissal of Broadcom's claims that QUALCOMM tried to monopolize the market for cellular phone "chipsets" by manipulating the process for setting industry technology standards. Broadcom…
The Contingency
Comcast Cable Class Defeats Post-Twombly Motion
Today, the court in Behrend v. Comcast Corp., No. 03-6604 (E.D. Pa.), held that Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007) (post), didn't alter its conclusion that…
Antitrust Law Blog
The Federal Trade Commission Splits On Whether It Could/Should Order Mandatory Licensing With Zero Royalties
On July 31, 2006, a unanimous Federal Trade Commission (“Commission” or “FTC”) ruled that Rambus Inc.’s “acts of deception constituted exclusionary conduct under Section 2 of the Sherman Act, and…
The Contingency
Of Drill Pipe and Dialyzers: Antitrust Roundup
Two federal appellate decisions came out today on antitrust issues, both in the realm of monopolization law: In Hydril Co. LP v. Grant Pride LP, No. 2006-1188 (Fed. Cir. Jan.…
Antitrust Law Blog
CONSPIRACY AND MONOPOLIZATION CLAIMS AGAINST COMCAST ARISING FROM CABLE SYSTEM SALE AND ACQUISITION TRANSACTIONS SURVIVES MOTION TO DISMISS
Federal District Court in Pennsylvania refused to dismiss conspiracy and monopolization claims against Comcast arising out of transactions in which Comcast had both purchased and sold geographically separate local cable…
Antitrust Law Blog
SIXTH CIRCUIT REINSTATES MONOPOLIZATION CLAIM AGAINST 3M BASED ON EXCLUSIVE DEALING CONTRACTS
It appears that the 3M Company has another exclusive dealing problem based on allegedly anti-competitive unilateral conduct, which in the current antitrust environment is significant news. The appropriate boundaries of unilateral…
La Revue
La réforme des services juridiques de nos confrères allemands – Fin d’un monopole ?
Le gouvernement allemand vient de déposer un projet de loi sur les services juridiques (Rechtsdienstleistungsgesetz – RDG) qui devrait être voté par le parlement pour entrer en vigueur à la…
Blog of Reason
Independent Ink: Supreme Court Abandons Market Power Presumption of Patents
Franchisors that own intellectual property (patents, copyrights, or trademarks)for use as part of the franchise system have long been confronted with an unfortunate and misguided presumption that their intellectual property…