Distribution, Competition, and Antitrust / IP Law

Sixth Circuit Applies Cost Screen to Tying by Differential Pricing

In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not also purchase a second … [Continue reading]

Return of Robinson-Patman Act and Resale Price Maintenance Litigation?

A quick note on a few recent developments suggesting that RP and RPM litigation is not yet dead. First, on February 2, 2015, a court refused to dismiss claims against Clorox arising from its refusal to sell a small regional grocery chain the same … [Continue reading]

San Jose Strikes Out in Baseball Antitrust Challenge

“Baseball? It’s just a game — as simple as a ball and a bat. Yet, as complex as the American spirit it symbolizes. It’s a sport, business — and sometimes even religion.” Ernie Harwell, "The Game for All America," 1955. In City of San Jose v. … [Continue reading]

Can the State Seek Restitution After a Class Action Settlement?

In The People of the State of California v. IntelliGender, LLC, 771 F.3d 1169 (9th Cir. Nov. 7, 2014) (Wardlaw, J.), the Ninth Circuit said the answer is “no.”  A federal court had approved a class action settlement involving false advertising and … [Continue reading]

Motorola’s FTAIA Quest Ends With a Whimper in the Seventh Circuit

On November 26, 2014, the Seventh Circuit (Posner, J.) issued its order upon rehearing of Motorola Mobility LLC v. AU Optronics Corp. (Case No. 14-8003). Motorola still effectively lost the appeal, but the Court’s more circumspect reasoning means … [Continue reading]

Three Billy Goats Gruff

(You know . . .  the fairy tale about trolls.) This summer, PwC published its 2014 Patent Litigation Study.  The tagline of the study is "[a]s case volume leaps, damages continue general decline." Some of they key findings -- which are quite … [Continue reading]

Is the NCAA a Cartel?

The usually good Planet Money program has an excellent recent podcast setting forth the arguments for and against the NCAA [National Collegiate Athletic Association] being an unlawful cartel. … [Continue reading]

Could Amazon Possibly Be a Monopolist? (Updated) (Again)

Franklin Foer, at the New Republic, argues that the answer is yes.  The alleged "crime": predatory pricing -- if not express, than at least in spirit. In "There's one huge problem with calls for anti-trust action against Amazon" at vox.com, … [Continue reading]

Can you ever successfully Daubert an antitrust economist?

It's really a very difficult thing to do -- and query whether it's worth the effort.  See, e.g., The Apple iPod iTunes Antitrust Litigation, 2014 U.S. Dist. LEXIS 136437 (N.D. Cal. Sept. 26, 2014) (Gonzalez Rogers, J.) (denying Daubert motions all … [Continue reading]

Ninth Circuit Holds State Action Immunity Doctrine Bars Claims Against Convention Center

In United National Maintenance, Inc. v. San Diego Convention Center, Inc., No. 12-56809 (9th Cir. May 14, 2014), the United States Court of Appeals for the Ninth Circuit held that the San Diego Convention center enjoyed state-action immunity from … [Continue reading]

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