The Russian Law "On Natural Monopolies"
Coudert Brothers LLP
The recent legislative development in the area of regulation of natural monopolies constitutes a new trend in Russ.
Intellectual Property v. Antitrust: A False Dilemma
Ronald S. Katz of Coudert Brothers LLP
Many courts and commentators have suggested that there is a conflict between intellectual property rights and the antitrust laws. In reality, however, the two are not in conflict.
Eastman Kodak Co. v. ITS: The Downfall of the Chicago School
Ronald S. Katz of Coudert Brothers LLP
The Supreme Court's recent decision in Eastman Kodak Co v. Image Technical Services, Case No. 90-1029, has sweepin.
Antitrust Law in the High-Technology Industry: Recent Developments in United States v. Microsoft Provides Insight to Department of Justice's Stance on Antitrust Violations
John H. Brinsley of Paul, Hastings, Janofsky & Walker LLP
On November 5, 1999, United States District Judge Thomas Penfield Jackson issued his much anticipated Findings of Fact in United States v. Microsoft, 65 F. Supp. 2d 1, 1999 WL 1001107 (D.D.C. 1999).
Supreme Court Wants Government's View on 3M
Andre P. Barlow of Sheppard Mullin Richter & Hampton LLP
The United States Supreme Court seeks the government's views on whether to review a monopoly maintenance case against 3M Corporation. (3M Co. v. LePage's Inc., U.S., No. 02-1865, 10/6/03). The case is noteworthy because an en banc United States Court of Appeals for the Third Circuit held that a finding of illegal monopoly maintenance can be made even if a monopolist's prices are above its costs.
In Re High Fructose Corn Syrup: A New Form of Chicago School Education
Merril Hirsh,Jason S. Hatley and Christopher M. Ellis of Troutman Sanders LLP
Labels are not always a good tool for handicapping litigation. The Chicago School is a major school of thought in contemporary antitrust law. Its central premise is that antitrust laws serve only to facilitate market efficiency. Under this theory, judicial intervention is inappropriate (and likely to be counterproductive) where the goal is not efficiency or the conduct being challenged is (at least theoretically) uneconomic.
Antitrust and Cyberspace
Alan J. Weinschel of Glasser Legal Works
This article summarizes antitrust liability issues that can arise during e-commerce transactions on the internet. The author introduces general antitrust concepts and the enforcement of those concepts. Moreover, the author outlines the specific antitrust concerns when dealing with e-commerce and the internet.
Executive Summary Of The Antitrust Laws
Richard M. Steuer of Mayer Brown LLP
The scope of federal antitrust regulation is all-pervasive, with virtually every business of significance falling within its reach. With the notorious exception of the Robinson-Patman Act, the relevant statutory provisions are deceptively simple. Each can be set forth on one page, and all are expressed in straightforward language which, at face value, is readily comprehensible even to the uninitiated. More than a century of judicial construction and active governmental and private enforcement have put substantial flesh on the bare-boned statutory texts.
Merger Policy & Innovation
Jonathan M. Jacobson of Akin Gump Strauss Hauer & Feld LLP
This articles discusses several cases in which the FTC has challenged mergers involving products in relatively early stages of development, well prior to commercial marketing.
Association for Transportation Law, Logistics and Policy Association Highlights: Antitrust Updates
Vincent F Prada of Sidley Austin LLP
Examined in this article are California Dental Association v. FTC, United States v. AMR Corp., Chase v. Northwest Airlines Corp., and cases involving the violation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Microsoft and the Antitrust Laws in the Digital Age the Browser Wars and Beyond
Gary L. Benton of Coudert Brothers LLP
A recurring question raised in public debate over the legal battle between the government and Microsoft is whether.
U.S. v. Microsoft, The Fight Continues
John Stuart Smith of Nixon Peabody LLP
This article reviews Judge Thomas Penfield Jackson's conclusions of law in the Microsoft Case and the likelihood of the court granting the government's relief requests.
Information Costs, Lifecycle Costs, Switching Costs, and Lock-In*
Paul S. Schmidtberger of Coudert Brothers LLP
This article will analyze the role of information costs, lifecycle costs, switching costs, and lock-in in the context of market power determinations under the antitrust laws.
Biting the Hand that Feeds: Can Telecommunications Competitors and Consumers Bring Antitrust Claims Based on Incumbents' Non-antitrust Duties?
Robert Pambianco*
The telecom mess has gotten messier. Thanks to the ingenious efforts of enterprising class action lawyers, a split has emerged among three federal courts of appeals, further complicating the legal swamp created by the 1996 Telecommunications Act.
DOJ Initiates Antitrust Probe of Underwriters' Standard 7% IPO Fee
Cadwalader, Wickersham & Taft LLP
The United States Department of Justice ("DOJ") announced on April 30, 1999 that its antitrust division has commenc.