Distribution, Competition, and Antitrust / Intellectual Property (IP) Law

Basketball, Surreptitious Recordings, and Antitrust

Donald Sterling -- yes, that Donald Sterling -- filed an antitrust lawsuit a few days ago against the National Basketball Association.  You can download a copy here: Sterling Antitrust Complaint. It's not clear if the complaint has now been mooted … [Continue reading]

Collusion Regarding Terms of Medical Resident Employment?

Did you ever wonder why teaching hospitals can conduct their medical residency "match" program?  And why they can share data and use it to help set wages for residents?  And why the match program effectively forbids salary negotiation?  The apparent … [Continue reading]

A Rare Challenge to a Class Action Settlement . . . From a Named Plaintiff

One of the named class plaintiffs in the high-tech employee antitrust case has filed an objection to the proposed class settlement.  The plaintiff, Mr. Michael Devine, analogized the approximately $300 million settlement (worth approximately 10% of … [Continue reading]

Northern District of California Raises the Bar on Exclusive Dealing Claims

In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 (N.D. Cal. Apr. 25, 2014) (Orrick, J.), the court dismissed PNY’s exclusive dealing and attempted monopolization claims. I previously covered the case here. The case is significant … [Continue reading]

Digital Content Producers (Still) Lack Antitrust Standing to Sue Wireless Carriers Over MMS

In a prior post, I covered the district court's decision in Davis v. AT&T Wireless Services, Inc.  There, the Central District of California dismissed antitrust claims against various wireless telephone companies and other defendants brought by a … [Continue reading]

On the Difficulty of Dauberting Antitrust Economists

It's difficult.  Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of plaintiffs' economist, who has … [Continue reading]

UC Hastings — Antitrust and IP

I'm pleased to have spoken today to a group of law students at the University of California, Hastings College of the Law on the intersection of antitrust and IP law.  It was nice to see an almost-full lecture hall -- lots of interest in the topic. … [Continue reading]

Book Review: Louis Kaplow’s Competition Policy and Price Fixing

Competition Policy and Price Fixing

Undoubtedly you’ve seen television commercials by a well-known insurance company where one character turns to another and says: “you can save 15% or more in 15 minutes.” The other character then replies: “everyone knows that, but did you know . . . … [Continue reading]

U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity

The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don't have to satisfy the actively-supervised requirement to enjoy … [Continue reading]

Hot Topics in Intellectual Property and Antitrust Law

I've posted my slides from my webinar presentation on hot topics in IP and antitrust law.  You can find them here. … [Continue reading]

Optimization WordPress Plugins & Solutions by W3 EDGE