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7/30/2008 Antitrust Alert: Vegans (and Foodies) Rejoice: D.C. Circuit Rules for FTC in Whole Foods Merger Case PDF icon
In a two to one decision, the United States Court of Appeals for the District of Columbia has given the FTC a major victory for its merger enforcement jurisdiction... more
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4/24/2008 Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC PDF icon
In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated... more
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7/11/2007 Twombly and the Need to Plead Facts:The Antitrust Decision Every Litigator Needs to Know PDF icon
The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims. more
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6/28/2007 Antitrust Alert: Supreme Court Overrules Per Se Rule Against "Vertical" Minimum Price Agreements between Manufacturers and their Distributors PDF icon
On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing the proper antitrust analysis of resale price maintenance under Section 1 of the Sherman Act, one of the most important federal antitrust statutes. more
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6/20/2007 U.S. Supreme Court Reconciles Antitrust Law and Securities Regulation PDF icon
On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws. more
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5/24/2007 Antitrust Alert: Beware of HSR Filing Requirements for Option Exercises or Vesting of Restricted Stock PDF icon
This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more
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2/21/2007 Antitrust Alert: The Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381 PDF icon
On February 20, the Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, addressing the antitrust analysis of predatory bidding under Sherman Act Section 2. more
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1/16/2007 Corporate and Securities Law Update - New HSR Thresholds and Waiting Periods Effective February 2007 PDF icon
The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase effective February 16 or 19, 2007 (depending on publication date), due to an annual adjustment mechanism that was created in the last round of amendments to the Act. more
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3/6/2006 Antitrust Update - Supreme Court Eliminates Presumption of Market Power in Patent Tying Cases PDF icon
On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases.more
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3/1/2006 Antitrust Update - Texaco v. Dagher: U.S. Supreme Court Provides Guidance on Antitrust Analysis of Joint Ventures PDF icon
The Supreme Court's decision on February 28, 2006, in Texaco, Inc. v. Dagher provides important and much-needed guidance for the antitrust analysis of joint ventures. more
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1/18/2006 Litigation Alert - New Price Discrimination Case from the Supreme Court PDF icon
Despite academic criticism and increasingly rare government enforcement, reports of the death of the Robinson-Patman Act are premature, and price discrimination continues to be a potential source of private litigation for many companies. more
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12/1/2005 Antitrust Issues of Particular Relevance to High-Technology Industries PDF icon
Not that long ago, there was a relatively widespread belief among executives in high-technology companies that, because of the unique characteristics of high-technology industries, the antitrust laws had little, if any, application to them or their businesses. more
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11/3/2005 Authorized Generics: Antitrust Issues and the Hatch-Waxman Act PDF icon
An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name. more
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11/2/2004 The Interplay Between Standards Bodies and Patents PDF icon
Technical standards are often used to ensure that products from different companies will interoperate. Many of these standards are created by a standards body composed of companies interested in influencing the particular standard at hand. more
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