Boycotts

Boycotts, Conspiracy to Restrain Trade, Federal Trade Commission Administrative Law Judges, FTC Enforcement

(Wolters Kluwer)/

The U.S. Supreme Court this term will hear arguments in a case questioning whether respondents in a Federal Trade Commission proceeding can challenge the constitutionality of the FTC’s procedures and structure in federal district court while an administrative action is pending or whether they must wait for appellate court review of a Commission cease-and-desist order….

Boycotts, Exclusive Dealing, Price Fixing

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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…

Antitrust Injury, Boycotts, Exclusive Dealing, FTC Enforcement

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The U.S. Supreme Court’s denial of the petition for certiorari in the McWane case on Monday dashed the hopes of many antitrust practitioners that the Court might provide some much-needed clarity on the antitrust implications of using exclusive dealing arrangements. The denial also makes it highly unlikely that the High Court will be issuing any…

Antitrust Exemptions & Immunity, Boycotts

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Earlier today, the U.S. Court of Appeals in St. Louis vacated an injunction lifting the National Football League’s “lockout” of its players. The divided appellate court, just five days after hearing oral argument on the matter, concluded that, because the parties were involved in a labor dispute, the Norris-LaGuardia Act prohibited the federal district court…