Antitrust and Unfair Competition Law

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

2007 Articles

The antitrust counselor: The Supreme Court reversed Dr. Miles: Now what? By Mildred L. Calhoun October 2007 The US Supreme Court recently overruled Dr. Miles Medical Co. v. John D. Park & Sons, holding that all vertical price restraints are to be analyzed under the Rule of Reason. In other words, instead of being per se illegal and presumed anticompetitive, all vertical price restraints are now analyzed for reasonableness and their effect on competition.
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.
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.
Have you achieved your 20 hours of mandatory CLE yet? October 2007 If you are looking for a way to meet your required hours, you should consider obtaining some credit hours through publication of a newsletter article.
Highlights from the U.S. Antitrust Agencies’ Report on Intellectual Property: How agency policy statements can be helpful to practitioners By Jennifer M. Dixton December 2007 This past Spring, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued a joint report concerning antitrust enforcement and intellectual property rights.
The impending demise of Dr. Miles? By Jonathan L. Lewis February 2007 On March 26, 2007, the United States Supreme Court will hear argument in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, to decide whether vertical minimum resale price maintenance agreements should continue to be deemed per se illegal under Section 1 of the Sherman Act or be held subject to the rule of reason.
Minimum resale price maintenance after Leegin By Robert T. Joseph October 2007 On June 28, 2007, in Leegin v. PSKS, Inc., the Supreme Court overruled Dr. Miles Medical Co. v. John D. Park & Sons Co. and held that vertical prices restraints are to be judged by the rule of reason under federal law.
The role of regression analysis in class certification decisions in antitrust cases By Jeff Dorman February 2007 The combined effects of the massive potential liability presented by an antitrust class action and the prohibition of a cross-claim for contribution has made class certification decisions in antitrust cases virtually outcome determinative.
Should the origination of a vertical restraint be relevant to its legality? By Blake L. Harrop February 2007 Over the last decade, the antitrust laws’ restrictions on vertical restraints have come under increased criticism from both the judicial and economic communities.