Antitrust and Unfair Competition Law

The newsletter of the ISBA’s Section on Antitrust & Unfair Competition Law

2006 Articles

The Antitrust Counselor: Pre-closing conduct after Blumenthal’s speech By Mildred L. Calhoun April 2006 One of the most difficult antitrust counseling jobs is counseling merging competitors about their pre-closing conduct.
Comparing scotch and bourbon regulations By Chris Willis June 2006 As with most any consumer regulation, regulations as to whisky face a dual challenge. It is important that customers not be deceived by the label, and that the common understanding of the terms used on the label corresponds to what is in the package. A further, and sometimes competing, goal, is customer satisfaction: ensuring that, within the regulations, room is made so that products are available which meet customers tastes.
Crafting an appropriate standard for measuring competitive impact in bundling cases By Brian P. Norton April 2006 In the first of three antitrust decisions this term, the Supreme Court, in a 7-2 opinion written by Justice Ginsburg, held that a manufacturer may not be held liable for secondary-line price discrimination under the Robinson-Patman Act in the absence of a showing that the manufacturer discriminated between dealers competing to resell its product to the same retail customer.
Debt-collection affidavits under Fair Debt Collection Practices Act: No immunity for attorneys filing un-investigated garnishment affidavits By Mark L. Evans September 2006 A recent ruling by the Sixth Circuit Court of Appeals suggests that debt collectors must be more diligent in their investigations.
Dicta Rising to Doctrine: Independent Ink resolving the presumption of market power from patents used in antitrust tie-ins By David C. Brezina September 2006 On March 1, 2006 the Supreme Court in Illinois Tool Works Inc. v. Independent Ink Inc., ___ US ___, 126 S Ct 1281 , 74 USLW 4154 , 77 USPQ 2d 1801, 2006 US LEXIS 2024 (2006) reversed a line of cases that held that in an antitrust tie-in, where the tying product is patented or copyrighted, market power could be presumed.
Editors’ notes September 2006 Following up on our last Newsletter, we have an additional article dealing with consumer protection.
Editor’s notes June 2006 In addition to antitrust, unfair competition, in its broadest sense, is within the purview of this Committee. Antitrust and unfair competition law share a concern for consumer welfare.
Editor’s notes May 2006 “Three up, three down”: Summaries of Three 2006 Supreme Court Decisions This has been an unusually interesting Supreme Court term for antitrust practitioners.
Editors’ notes April 2006 We have three articles in this newsletter.
Free magazines and the Tooth Fairy By Cathay Smith June 2006 This article discusses “free magazine subscriptions” that result in negative option plans.
Fringe lending: The need to reel in corporate loan sharks By Mark L. Evans June 2006 In order to protect consumers from the dangers caused by fringe market lending, federal preemption should be eliminated, and states should be free to establish effective interest rate caps and transparency requirements.
Recent case summaries May 2006 In the first of three antitrust decisions this term, the Supreme Court, in a 7-2 opinion written by Justice Ginsburg, held that a manufacturer may not be held liable for secondary-line price discrimination under the Robinson-Patman Act in the absence of a showing that the manufacturer discriminated between dealers competing to resell its product to the same retail customer.
The rhetoric of gun-jumping April 2006 Remarks by William Blumenthal, General Counsel of the FTC, before the Association of Corporate Counsel, Annual Antitrust Seminar of Greater New York Chapter.