…has engaged in a broadening pattern of walling off access to content and data that competitors need to provide search results to consumers and to attract advertisers.” For instance, Smith…
…patent and antitrust laws . . . are actually complementary, as both are aimed at encouraging innovation, industry and competition.” Atari Games Corp. v. Nintendo of Am., Inc., 897 F.2d…
…the company could have engaged in anticompetitive conduct to support monopolization and attempted monopolization claims. Although not per se illegal, exclusive dealing arrangements may be an improper means of acquiring…
…arbitration of antitrust claims pursuant to arbitration clauses that were silent as to whether arbitration could proceed on behalf of a class. Antitrust Action Against American Express In the antitrust…
…as the government might have liked. And an allegedly radical § 7 theory suggested in the concurring statements by Commissioners Leibowitz and Rosch, which had commentators rather riled up at…
…sworn in as a member of the Commission in September 2004. President George W. Bush nominated Leibowitz in April 2004. He was appointed during a congressional recess after his nomination—as…
…denied the agency’s request for an injunction pending an appeal to the U.S. Court of Appeals in San Francisco. An administrative trial is set to commence in May 2011. The…
…panel on the Seventh Circuit found that two merging health insurance companies had not violated antitrust and consumer-protection laws by sharing “generalized and averaged high-level pricing data” before consummation of…
…a determination on the competitive impact of a transaction during an investigation, they may request additional information and documentary material from the parties. This request, known as a second request,…
…generating capacity at auction. KeySpan’s alleged anticompetitive bidding drove up capacity prices as a whole and, in turn, increased the cost of electricity to consumers in New York City. At…
