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Antitrust is alive and well and lurks in unlikely places - or, how to keep your CEO off the witness stand

USA - October 3 2013 A recent story in the Bay Area legal newspaper The Recorder had this headline: "Former Bazaarvoice CEO Takes Stand to Explain Damning Email." That is...

Mark S. Ostrau.

Federal Circuit limits patent misuse in Princo

USA - September 2 2010 A sharply divided en banc U.S. Court of Appeals for the Federal Circuit significantly narrowed the scope of the patent misuse defense this week....

Erin Simon.

Everything must end eventually: the Fifth Circuit buries Leegin; epic vertical price fixing case is over

USA - August 18 2010 In its second encounter with PSKS, Inc v Leegin Creative Leather Products, Inc, the US Court of Appeals for the Fifth Circuit on August 17, 2010 affirmed the dismissal on the pleadings of the plaintiff's antitrust claims for vertical minimum price fixing (aka resale price maintenance)....

NFL licensing arm subject to antitrust laws as a "contract, combination or conspiracy"

USA - May 24 2010 On May 24, in American Needle, Inc v National Football League, the Supreme Court unanimously held that NFL Properties ("NFLP") must defend its licensing decisions under Section 1 of the Sherman Act....

Mark S. Ostrau.

It is not over until it’s over: antitrust risks in unreported small acquisitions

USA - March 10 2010 On March 9, 2009, the Antitrust Division of the Department of Justice ("DOJ") announced that it had brought suit against Election Systems & Software, Inc. (“ES&S”) to challenge its acquisition in September of 2009 of Premier Election Solutions Inc. (“Premier”) from Diebold, Inc....

Mark S. Ostrau.