In agricultural regulation, a "flawed rate" is not a "filed rate" for damage purposes *

USA - September 19 2012
Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges.

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Summary judgment dooms attempted monopolization claim in small container trash hauling market *

USA - September 4 2012
In All Star Carts and Vehicles, Inc., et al. v. BFI Canada Income Fund, et al., Case No. 2:08-cv-01816-LDW-AKT, August 1, 2012, the District Court for Eastern District of New York recently granted defendants’ motion for summary judgment on the grounds that the plaintiffs failed to establish the element of “dangerous probability” for an antitrust claim for attempted monopolization under Section 2 of the Sherman Act.

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Kansas Supreme Court declares "rule of reason" inapplicable to Kansas antitrust law; legislature may have a different idea *

USA - May 23 2012
In Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the U.S. Supreme Court expressly overruled the categorical ban on vertical price fixing agreements that had existed for nearly a century prior.

Co-authors: Tyler M. Cunningham.

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"Planogram" and "category captain" marketing programs held non-exclusionary *

USA - May 10 2012
Rival condom manufacturer's antitrust claims dismissed.

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Allegations of conspiracy to limit crop production: ripe for analysis under Capper-Volstead *

USA - December 28 2011
On December 2, 2011, the district court denied a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states.

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