From today's New York Times: Law school applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduation. As of this month, there … [Continue reading]
From the Law of Supply and Demand File: Law School Applications Plummet
January 31, 2013 by Leave a Comment
Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?
January 28, 2013 by Leave a Comment
A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne Gonzalez Rogers dismissed … [Continue reading]
The Continuing Saga of Reverse Payment Patent Litigation
January 24, 2013 by Leave a Comment
In FTC v. Watson Pharmaceuticals, Inc. (Supreme Court No. 12-416), the FTC unsurprisingly filed a merits brief this month again arguing that pay-for-delay (or “reverse payment”) patent settlements are presumptively anti-competitive. These … [Continue reading]
Site Update
January 22, 2013 by Leave a Comment
I've been updating the formatting of the site (but not changing any of the content). It's a work in progress, but I hope that the site will look both fresher and more streamlined and load faster. Thanks for reading and for your patience. … [Continue reading]
Antitrust Suits Increased 48% in 2012
January 16, 2013 by 1 Comment
Antitrust lawsuits spiked by 48% last year, according to an article this week in Law360. This was the first increase since 2008 (the year after the Supreme Court decided Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), which raised pleading … [Continue reading]
When Price Fixing Is Not Price Fixing
January 9, 2013 by Leave a Comment
According to a recent decision by Judge Posner in the Seventh Circuit in In re Sulfuric Acid Antitrust Litigation, the following scenario is not subject to the per se rule against price fixing: Companies outside the United States, as an unwanted … [Continue reading]
On the FTC-Google Settlement
January 7, 2013 by Leave a Comment
Much has already been written about the specific terms of the settlement, so I will not attempt duplicate that effort. You can find the actual settlement here. There is some interesting background /behind-the-scenes information on Google’s … [Continue reading]
Top Posts of 2012
December 24, 2012 by Leave a Comment
Here's a quick summary of the top five blog posts from 2012. 1. American Express Can't Enforce Arbitration Agreement Antitrust Class Action Waiver. Discussing the Second Circuit case refusing to enforce an American Express … [Continue reading]
Are Bar Associations Anti-Competitive?
December 17, 2012 by Leave a Comment
From the abstract of a recent paper (via Antitrust & Competition Policy Blog): The European Commission Report on Competition in Professional Services found that recommended prices by professional bodies have a significant negative … [Continue reading]
Supreme Court Grants Cert in Watson Pay-For-Delay Case
December 11, 2012 by 1 Comment
On December 7, 2012, the Supreme Court granted certiorari in FTC v. Watson Pharmaceuticals. The Supreme Court is now poised to resolve the circuit split on the treatment of so-called "pay for delay" Hatch-Waxman Act patent litigation … [Continue reading]
