Antitrust and Unfair Competition Law

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

2013 Articles

Aiding Illinois consumers victimized in mortgage rescue scams By Jennifer D. Franklin May 2013 This article will assist attorneys representing victims of mortgage rescue scams in how to conduct a preliminary investigation in order to build their prima facie case and thus potentially survive a motion to dismiss or a motion to strike.
Antitrust law, variant patent holdup theories, and injunctive relief in standard setting organizations By Rafael Rivera January 2013 After a brief discussion on the standard-setting process and RAND’s efficiency-enhancing characteristics, this article explores the role of antitrust law in regulating opportunistic behavior arising in standard setting organizations.
Chair’s comment By Beth L. Fancsali June 2013 A message from incoming Chair Beth Fancsali.
Editor’s comment By Rebecca A.D. Nelson May 2013 An introduction to the issue from editor Rebecca A.D. Nelson.
Editor’s comment By Rebecca A.D. Nelson January 2013 An introduction to the issue from Editor Rebecca A.D. Nelson.
The Federal Trade Commission and Department of Justice hold workshop on most favored nations clauses—Will more enforcement follow? By Mark McCareins January 2013 On September 10, 2012, the Federal Trade Commission and the Department of Justice held a joint workshop to discuss the economic effects and legal treatment of most favored nations clauses.
FTC unveils updated guidance for online advertisers By Kristin Petersen May 2013 Some clarity and direction for advertisers and marketers in light of the current rapid rate of technological change and corresponding transformation in the way marketers reach out to consumers.
FTC v. Actavis, Inc.: Pay-for-delay settlements subject to rule of reason By Kate O’Súilleabháin June 2013 On June 17, in FTC v. Actavis, Inc., the U.S. Supreme Court determined that “pay-for-delay” settlements (also known as “reverse-payment settlements”) between drug manufacturers are subject to rule of reason antitrust scrutiny for purposes of determining whether they violate federal antitrust laws.
Introduction to competition law in India By Tejas Shah January 2013 An overview of India's competition laws.
Recent decisions in Kleen and Fosamax shape the arguments in motions to compel use of predictive coding By Zachary L. Sorman June 2013 Can a party unilaterally impose a discovery methodology on an adverse party?
A warning on the antitrust risks in private equity collaboration By Thomas F. Bush June 2013 A recent decision by a federal district court in Boston, however, demonstrates how easily even well-advised firms can stumble and end up facing a substantial claim of an antitrust violation.