In a class action lawsuit, an attorney representing certain named class members litigates on behalf of other class members, who may become bound by the outcome of the litigation process. An antitrust class action usually alleges some form conduct that is a “per se” antitrust…
The US Supreme Court has historically defined a group boycott as a concerted refusal to deal, or a group action designed to pressure another party into doing something by withholding or enlisting others to withhold patronage or services from the target. The Court, however, limits this…
Section 1 of the Sherman Act prohibits every contract, combination or conspiracy that restrains interstate trade, or trade with foreign nations, so long as those restraints are unreasonably restrictive of competition in a relevant market. The actual language is that "Every contract,…
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…