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The Legal Intelligencer
    • Antitrust Law

    Arbitrating Antitrust: Are Things Getting More Complicated?

    The Legal Intelligencer

    Monday, February 6, 2012

    At one time, arbitrating antitrust claims was disfavored by courts. In fact, from the late sixties until the U.S. Supreme Court's decision in Mitsubishi Motors Corp. v. Soler Chrysler Plymouth Inc.

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    Court Affirms Deferential Role in Reviewing Class Certification Decisions

    The Legal Intelligencer

    Thursday, October 13, 2011

    Antitrust defendants should pay close attention to the 3rd Circuit's late August decision in Behrend v. Comcast Corp. In Behrend, the court, in an opinion by Senior Judge Ruggero Aldisert (joined by Judge D. Michael Fisher), upheld a decision of the U.S. District Court for the Eastern District of Pennsylvania certifying a class of antitrust plaintiffs who sought relief from cable giant Comcast on the theory that it monopolized the cable market in the Philadelphia Designated Market Area (DMA), which includes 18 counties in Southeast Pennsylvania, New Jersey and Delaware.

    U.S.-China Antitrust Memorandum a Step in the Right Direction?

    The Legal Intelligencer

    Monday, August 29, 2011

    Three years ago, China's first comprehensive antitrust law, the hotly debated Anti-Monopoly Law of the People's Republic of China (PRC), took effect. Late last month, China took another significant leap into the global arena of competition policy and enforcement when it signed a widely anticipated Memorandum of Understanding (MOU) on Antitrust and Anti-Monopoly Cooperation with the United States.

    Antitrust Defendants Should Applaud 'Wal-Mart' Ruling

    The Legal Intelligencer

    Monday, August 1, 2011

    On June 20, the U.S. Supreme Court handed down a landmark decision when it decided Wal-Mart v. Dukes , and decertified what would have been "one of the most expansive class actions ever." In a 5-4 decision, the court, in an opinion authored by Justice Antonin Scalia, found that the plaintiffs failed to meet the "commonality" requirement for class certification under Federal Rule of Civil Procedure 23(a), reversing both the district court and 9th U.S. Circuit Court of Appeals. Justice Ruth Bader Ginsburg, in a dissent joined by Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan, strongly disagreed with the majority and argued that the district court's finding of commonality "was hardly infirm."

    Antitrust 101: Intro to International Competition Authorities

    The Legal Intelligencer

    Monday, June 6, 2011

    In 2009, United States authorities led the way on international cartel enforcement with more investigations, pleas, fines and prison sentences than any other jurisdiction.

    The X's and O's of the NFL Players' Antitrust Offensive

    The Legal Intelligencer

    Monday, May 2, 2011

    On March 11, 10 NFL players filed a seven-count class action complaint in the U.S. District Court for the District of Minnesota against the NFL and its 32 member teams.

    Department of Justice Back in the Sherman Act Section 2 Business

    The Legal Intelligencer

    Monday, April 4, 2011

    The U.S. Department of Justice recently reached a settlement in its first case since 1999 that challenges monopoly behavior under Section 2 of the Sherman Antitrust Act.

    State Licensing Agency Must Also Face Antitrust Scrutiny, FTC Rules

    The Legal Intelligencer

    Monday, March 7, 2011

    In a case before the commission itself, the Federal Trade Commission recently held that the North Carolina State Board of Dental Examiners is subject to the antitrust laws, just like any other private entity.

    The Emerging Role of Antitrust Law in NFL, NBA Union Negotiations

    The Legal Intelligencer

    Monday, February 7, 2011

    With the Super Bowl just concluded and this weekend's All-Star Game marking the halfway point of the 2010-11 NBA season, the impending expiration of the NFL and NBA collective bargaining agreements -- on March 4 and July 1, respectively -- is fast approaching, and the contentious negotiation of new agreements in each sport promises to work its way into more headlines as the year continues.

    3rd Circuit Sheds Further Light on Federal Pleading Standards

    The Legal Intelligencer

    Monday, December 6, 2010

    Last week the 3rd U.S. Circuit Court of Appeals further clarified pleading standards under Federal Rule of Civil Procedure 8 in West Penn Allegheny Health System Inc. v. University of Pittsburgh Medical Center.

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