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Results:1-10 of 15

Caveat emptor
  • Proskauer Rose LLP
  • USA
  • November 22 2013

Suppose a manufacturer sells the same products to two retailers who compete against each other in the same geographic area. The manufacturer gives


An expert bridges the Gulf between literalism and complexity
  • Proskauer Rose LLP
  • USA
  • November 22 2013

The Supreme Court in Broadcast Music, Inc. v. Columbia Broadcast System, Inc. famously warned against a "literal approach" to the application of


Novell at bat: a blast from the past
  • Proskauer Rose LLP
  • USA
  • November 22 2013

Some battles never end, or so it seems. Novell v. Microsoft is the Yankees-Red SOX of the tech world - albeit not as exciting. Microsoft first


Antitrust venue: "hither and yon"
  • Proskauer Rose LLP
  • USA
  • November 22 2013

You have consulted with outside antitrust counsel and you believe that you have a great antitrust claim against a rival corporation. In which of the


Heartburn in Massachusetts: the district of Massachusetts activates FTC v Actavis
  • Proskauer Rose LLP
  • USA
  • November 22 2013

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's


Watson and reverse payments: an opportunity to resolve the competing tension between antitrust and patent law under the Hatch-Waxman Act
  • Proskauer Rose LLP
  • USA
  • March 8 2013

On March 25, the Supreme Court will hear arguments in Federal Trade Commission v. Watson Pharmaceuticals, Inc., and take a step toward concluding


Judge Posner on the limits of the per se rule against price fixing
  • Proskauer Rose LLP
  • USA
  • March 8 2013

Every so often a case finds its way to the Seventh Circuit Court of Appeals, which provides Judge Richard Posner, the noted antitrust scholar and


Betting on the wrong market definition
  • Proskauer Rose LLP
  • USA
  • March 8 2013

In IGT v. Alliance Gaming Corporation slot machine manufacturers, IGT and Alliance Gaming Corp., Bally Gaming International, Inc., and Bally


Minn-Chem maximizes Sherman Act's reach
  • Proskauer Rose LLP
  • USA
  • October 12 2012

The long arm of American antitrust law can reach across oceans and penalize actions by foreign corporations, so long as those actions have a "reasonably proximate causal nexus" to effects in the United States.


The FTC goes retro to win down south
  • Proskauer Rose LLP
  • USA
  • October 12 2012

The Federal Trade Commission (FTC) scored a victory in the Eleventh Circuit this summer when the court upheld a divestiture order based on violations of the Clayton and FTC Acts.