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 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…

With just two months left in the U.S. Supreme Court’s current term, it’s a good time to take a look at the handful of petitions in antitrust cases that remain on the docket. Since the first Monday in October 2016, the Court has yet to grant any petitions for review in antitrust cases. However, three…

It is becoming increasingly common for companies to set prices for their products automatically using algorithms. One recent study found evidence of more than 500 sellers using algorithmic pricing on Amazon marketplace (see here). The Commission’s Preliminary Report on the E-commerce Sector Inquiry also reported use of automatic price adjustments (see paragraph 552). There are…

By Robert E. Connolly[1] and Masayuki Atsumi[2] [This is Part 2 of a multi-part article on ways a foreign fugitive may be able to get some issues heard by a US federal court without surrendering to the United States and personally appearing in court.  Part 1 can be found here:  http://cartelcapers.com/blog/defending-foreign-fugitive-fugitive-disentitlement-doctrine/] A foreign defendant who…

By Robert E. Connolly [1] and Masayuki Atsumi [2] The fugitive disentitlement doctrine is an equitable doctrine under which a court has the discretion to decline to consider a petition of a defendant if that defendant does not appear before the court. “The paradigmatic object of the doctrine is the convicted criminal who flees while…

Earlier this year, Libratus – an artificial intelligence system developed by Carnegie Mellon University – conquered four of the world’s top professional poker players in a Head’s-Up No-Limit Texas Hold’em tournament (one of the most complicated forms of poker). [1] This might not sound all that surprising to those recalling Gary Kasparov’s defeat at the…

Earlier this month, the U.S. Supreme Court denied review of a handful of petitions in antitrust cases. Since that time, new petitions for certiorari have been filed in competition law cases with the hope that the High Court will add them to its docket. At this point, only one antitrust case is set to be…

The Antitrust Division has announced that three more companies have agreed to plead guilty in the electrolytic capacitor investigation. According to a DOJ press release of August 22, (here) Rubycon Corp, Elna Co, and Holy Stone Holdings Co, have agreed to plead guilty to fixing the prices of electrolytic capacitors sold in the United States…