Plaintiffs must establish “antitrust injury” to recover under federal antitrust laws. This means injury of the type the antitrust laws were intended to prevent and that flows from that which makes the defendant’s conduct unlawful. A plaintiff must satisfy two separate elements to prove…
In the European Union, the European Commission (“EC”) in Brussels analyzes mergers and acquisitions, known as concentrations, with “EU dimension.” And the Directorate General for Competition (“DG COMP”) determines whether a concentration is compatible with EU competition…
Many of our clients are retailers who have been subjected to price restrictions from manufacturers, whether in the form of minimum advertised pricing (MAP), unilateral pricing policies (UPP), or resale price maintenance (RPM). In fact, it is one of the most common situations…
The U.S. Supreme Court affirmed the United States Court of Appeals for the Fourth Circuit in North Carolina Board of Dental Examiners v. FTC. In doing so, the Supreme Court rejected state-action immunity for a professional-licensing board dominated by a coalition of…