Section Newsletters

Articles From John L. Conlon

Editor’s introduction By John L. Conlon March 2008 The United States Supreme Court’s removal of vertical minimum resale price restrictions from the per se category of antitrust violations last year in Leegin v. PSKS, Inc., created a large number of unanswered questions as to how such restrictions would be treated under the Rule of Reason and under the various state antitrust laws.
Editor’s introduction By John L. Conlon December 2007 An introduction to the issue from Editor John Conlon.
Editor’s introduction By John L. Conlon October 2007 The United States Supreme Court garnered some headlines in the business press at the conclusion of its last term when, by a 5 to 4 decision, the Court overruled its 96-year-old Dr. Miles decision and removed resale price maintenance from the list of per se antitrust violations.
Co-Editors’ note By John L. Conlon February 2007 The Supreme Court will be addressing the issue of vertical minimum resale price maintenance this term.
Oracle beats the government’s Section 7 case By John L. Conlon April 2005 The Department of Justice's Antitrust Division and 10 states (collectively, the "government") lost in their effort to have Oracle Corporation enjoined from acquiring PeopleSoft, Inc. because such an acquisition allegedly would violate §7 of the Clayton Act. U.S. v. Oracle Corp., 331 F. Supp. 2d 1098 (N.D. Cal. 2004).
Dealing with a grand jury investigation By John L. Conlon January 2004 Antitrust counsel sometimes forget that the Sherman Act is a criminal statute.
Will Adam Smith’s statement be retired from trials? By John L. Conlon December 2002 A hoary but effective quote that government and plaintiff's counsel frequently use in their briefs and at trials in antitrust cases is Adam Smith's classic statement in the Wealth of Nations:
The Second and Fifth Circuits disagree over the scope of the Foreign Trade Antitrust Improvements Act By John L. Conlon October 2002 Each year the United States and other nations become more integrated into a global economy.
Editor’s note By John L. Conlon Administrative Law, May 2002 A corporation may be genuinely shocked to discover that some of its employees responsible for a division or a product line have been engaged in bid rigging or some other criminal antitrust conduct.
Microsoft redux By John L. Conlon July 2001 The United States Court of Appeals for the District of Columbia (the "court") in a 125 page en banc per curium opinion issued on June 28, 2001
Editor’s note By John L. Conlon Administrative Law, April 2000 In the last newsletter I noted the apparent demise of antitrust considerations in mega-mergers with the green light given to the Exxon-Mobil merger.
Editor’s note By John L. Conlon Administrative Law, December 1999 This edition of the newsletter has articles on important topics for antitrust practitioners.

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