In my last post to AntitrustConnect, I wrote about the difficulties that antitrust plaintiffs face in getting to trial with claims based on circumstantial evidence. I discussed a decision of the federal district court in Chicago in a long-running class action against paper companies for conspiring to raise prices for containerboard provides an example of the…

In short: The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission’s €1.06 billion fine on Intel for abusing its dominant position on the market for x86 central processing units. The Main Issue: The Intel case prompted much debate…

On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the largest fine ever imposed by a competition regulator on an individual company.  This is a very important decision in light…

On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients (“Draft Guidelines“).  NDRC is seeking comments on the Draft Guidelines until mid-September. One day later, NDRC made public the full text of its decisions against two local companies…

Fordham University School of Law’s Competition Law Institute (FCLI) will hold its 44th Annual Conference on International Antitrust Law and Policy on September 14-15, 2017, at Fordham Law School in New York City. James Keyte, FCLI Director and Adjunct Professor of Law at Fordham Law School and Partner at Skadden Arps, will present introductory remarks…

How difficult is it to get an antitrust conspiracy case to a jury when there is no direct evidence of the alleged conspiracy? An August 3 decision of the federal district court in Chicago in a long-running class action against paper companies for conspiring to raise prices for containerboard provides an example of the challenge. Fifteen price increase…

In Part 1 of this article (here), I argued that the Sherman Act was unconstitutional as a criminal statute because it is void for vagueness. A statute that criminalizes all restraints of trade cannot be saved by the Supreme Court explaining what Congress really must have really meant. What passed constitutional muster when the Sherman…

If you ever wanted to sell a student on pursuing a career in antitrust because of the interesting possibilities, Brent Snyder’s career (which is far from over) would be a good case in point.  Mr. Snyder graduated with Honors from the University of Texas School of Law, where he was an Associate Editor of the…

If you get lost, sometimes you must go back and start again from the beginning. I’ve been a bit lost on whether the Sherman Act is unconstitutional as a criminal statute. It is well accepted that per se violations of the Sherman Act can be prosecuted criminally.  An individual can be sentenced to up to…