Distribution, Competition, and Antitrust / IP Law

Speaking on Antitrust Issues with Joint Ventures at Practicing Law Institute (PLI)

I’ll be speaking in a Practicing Law Institute (PLI) One-Hour Briefing on “Antitrust Issues with Joint Ventures” on February 22, 2018 at 1:00 p.m. Eastern Time.  Here’s a link to the program information and description.

This One-Hour Briefing will analyze the potential antitrust ramifications of joint ventures and other collaborations between competitors and how to balance the pro-competitive efficiencies against the anti-competitive effects of a proposed JV.  I’ll discuss:

  • Recent cases and agency guidance regarding “naked” transactions;
  • Competitive restraints; and
  • Information sharing.

Antitrust Analysis of Joint Ventures : How Big Is Too Big?

My latest piece on joint ventures -- and the ancillary restraints doctrine -- is available here. … [Continue reading]

Are Franchise No-Hire Provisions Unlawful?

Two recent suits against McDonald's and Carl's Jr. are challenging franchise provisions that limit or prohibit the ability of one franchisee to hire away employees from another franchisee.  These provisions are fairly common, although after the suit … [Continue reading]

Can Software Conspire?

Philip K. Dick’s post-apocalyptic novel “Do Androids Dream of Electric Sheep” (the basis for the movie Blade Runner) asked whether robots can think and feel.  One of the hot topics du jour in antitrust is whether (software) robots can conspire and … [Continue reading]

Antitrust Analysis of Joint Ventures – Ancillary Restraints

My latest piece on joint ventures -- and the ancillary restraints doctrine -- is available here. … [Continue reading]

Speaking on Joint Ventures

I am pleased to announce that I will be speaking in an upcoming Strafford live webinar, "Antitrust Concerns With Joint Ventures and Other Collaborations: Balancing Competitive vs. Anti-Competitive Effects" scheduled for Thursday, August 24, 1:00 … [Continue reading]

Happy Fourth of July!

More blog entries to come soon. … [Continue reading]

Antitrust Analysis of Joint Ventures – Part 2

I've begun a new blog series on the antitrust analysis of joint ventures on the Orrick AntitrustWatch blog.  Here's a link to the second article.  As I wrote there: In this installment, we will unpack some of the major antitrust issues surrounding … [Continue reading]

Antitrust Analysis of Joint Ventures

I've begun a new blog series on the antitrust analysis of joint ventures on the Orrick AntitrustWatch blog.  Here's a link to the first article.  As I wrote there: Joint ventures (“JVs”) can require navigation of a potential minefield of antitrust … [Continue reading]

Tenth Circuit Rules That Invocation of IP Rights Is Presumptively Valid Defense to Antitrust Refusal to Deal Claims

Embed from Getty Images In SOLIDFX, LLC v. Jeppesen Sanderson, Inc., Case Nos. 15-1079 and 15-1097 (opinion available here), the Tenth Circuit aligned itself with the First and Federal Circuits to hold that the invocation of intellectual … [Continue reading]

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