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Judge Easterbrook on Section 8 director interlocks and antitrust injury
- Jones Day
- -
- USA
- -
- June 28 2012
Although Section 8 of the Clayton Act, 15 U.S.C. 19, which prohibits competing corporations from sharing directors or officers, is an important concern for the business community, the statute has received surprisingly little attention from government enforcers or judicial opinions in recent years
More uncertainty about state treatment of vertical pricing restraints
- Jones Day
- -
- USA
- -
- May 14 2012
The status of vertical pricing restraints at the federal level has been settled since the U.S. Supreme Court's decisions in State Oil v. Khan, 522 U.S. 3 (1997), and Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007
D.C. Circuit upholds U.S FTC subpoena in investigation into bundling and exclusionary practices
- Jones Day
- -
- USA
- -
- January 23 2012
A unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a district court decision enforcing the Federal Trade Commission’s administrative subpoena and civil investigative demand in an ongoing FTC investigation
Leegin plaintiff seeks further U.S. Supreme Court review
- Jones Day
- -
- USA
- -
- November 18 2010
The losing retailer in the landmark antitrust case of Leegin Creative Leather Products v. PSKS, in which the U.S. Supreme Court overturned the standard of per se illegality for minimum vertical price agreements, continues to fight on. PSKS has just filed a new petition for certiorari with the Supreme Court seeking review of the Fifth Circuit decision dismissing its complaint on remand
U.S. court allows challenge to alleged conspiracy formed through public statements
- Jones Day
- -
- USA
- -
- August 11 2010
A recent court decision on alleged "signaling" of competitive plans between airlines highlights the antitrust risks of making detailed public statements about future business plans
U.S. DOJ seeks new disgorgement remedy in civil antitrust case
- Jones Day
- -
- USA
- -
- March 5 2010
Until last week, the U.S. Department of Justice had not sought to obtain disgorgement as a remedy in a civil Sherman Act case
Third Circuit provides important clarification on "competing purchasers" for Robinson-Patman Act price discrimination claim
- Jones Day
- -
- USA
- -
- January 13 2010
On January 7, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, reversed a district court's judgment against Sodexo, Inc., and another defendant in a Robinson-Patman Act (RPA) bench trial and directed entry of judgment in favor of the defendants
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