News & Analysis as of

Antitrust Provisions Restraint of Trade

Kerr Russell

Why Dentists Must Pay Attention to Antitrust Law

Kerr Russell on

You should also be aware that the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust...more

Foley & Lardner LLP

JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

Foley & Lardner LLP on

The U.S. District Court for the District of Massachusetts recently issued a long-anticipated ruling in an antitrust challenge to the so-called Northeast Alliance, or NEA, between American Airlines Group Inc. and JetBlue...more

Akin Gump Strauss Hauer & Feld LLP

Competitive Health Insurance Reform Act Signed Into Law, Repeals More Than Half-Century-Old Antitrust Exemption for US Health...

Key Points - Until recently, the McCarran-Ferguson Act of 1954 made the “business of insurance,” including the business of health insurance, immune from federal antitrust laws. - The Competitive Health Insurance Reform...more

Jones Day

New Law Eliminates 75-Year-Old Antitrust Exemption for "Business of Health Insurance"

Jones Day on

The Development: Congress unanimously passed and before leaving office, President Trump signed into law, the Competitive Health Insurance Reform Act ("CHIRA"). CHIRA limits application of the McCarran-Ferguson Act, an...more

WilmerHale

German Antitrust Law Amendment Entered into Force: "Digitalization Act" Establishes New Antitrust Rules for the Digital Economy

WilmerHale on

The 10th amendment to the German Act against Restraints of Competition (ARC) - also called the “Digitalization Act” - became effective on January 19, 2021. In a previous alert, we discussed the key aspects of the...more

Wilson Sonsini Goodrich & Rosati

2019 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati (Wilson Sonsini) is pleased to present its 2019 Antitrust Year in Review, which summarizes the most significant antitrust matters and developments of the past year. Over the past few years,...more

Whitman Legal Solutions, LLC

Moehrl v. NAR and Competition in the Real Estate Industry

For home sales, multiple listing services (MLS) are the main source of information about properties listed for sale. And, buyers cannot access MLS listings on their own, because MLS limits most access to licensed real estate...more

Epstein Becker & Green

Parallel Conduct and Section 1 of the Sherman Act

Epstein Becker & Green on

Section 1 of the Sherman Act, 15 U.S.C. § 1, prohibits “every contract, combination … or conspiracy, in restraint of trade or commerce.” Determining whether such a “contract, combination … or conspiracy” (i.e., the agreement...more

Shumaker, Loop & Kendrick, LLP

Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy

For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no...more

Patterson Belknap Webb & Tyler LLP

Soul’d Out Festival Challenges Coachella’s Demand for Noncompete Clause Despite Sold Out Shows

On April 9, 2018, the producer of  the Soul’d Out music festival in Portland, Oregon, sued the owners and producers of the Coachella music festival in California for what it alleges are anticompetitive contract terms that...more

Robins Kaplan LLP

Does Coachella Violate Antitrust Laws?

Robins Kaplan LLP on

Coachella Valley Music and Arts Festival owner Anschutz Entertainment Group Inc. (“AEG”) and its subsidiaries and affiliates were hit with a lawsuit for allegedly using anticompetitive practices such as prohibiting artists...more

Wilson Sonsini Goodrich & Rosati

2017 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati (WSGR) is pleased to present its 2017 Antitrust Year in Review.In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at...more

Dickinson Wright

Michigan Supreme Court Holds That the Federal “Rule of Reason” Applies in Evaluating the Enforceability of Noncompete Agreements...

Dickinson Wright on

The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for...more

Patterson Belknap Webb & Tyler LLP

Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams

Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the complaint...more

King & Spalding

United States Supreme Court Rules that N.C. Dental Board Is Not Entitled to State Action Immunity from Antitrust Liability

King & Spalding on

In North Carolina State Board of Dental Examiners v. F.T.C., No. 13-534 (2015), the United States Supreme Court ruled last week that the North Carolina Dental Board, which is comprised mainly of practicing dentists, was not...more

Epstein Becker & Green

No State Action Antitrust Immunity for North Carolina Dental Board: Implications for the Health Care Sector

Epstein Becker & Green on

On February 25, 2015, the Supreme Court of the United States held that the North Carolina Dental Board (“Board”) was not insulated from federal antitrust liability under the so-called “state action” doctrine when it engaged...more

Polsinelli

Commonly Held Beliefs About Antitrust in America Are False

Polsinelli on

On February 18, 2015, American Express lost its court battle with the Department of Justice's Antitrust Division over the card's Non-Discrimination Provisions ("NDPs"), which prohibited merchants from steering customers to...more

McGuireWoods LLP

Supreme Court Denies Antitrust Shield for NC Dental Board

McGuireWoods LLP on

On Wednesday, February 25, 2015, the Supreme Court released a 6-3 decision in North Carolina Board of Dental Examiners v. Federal Trade Commission, a case with potentially broad implications for regulation by dental and...more

Perkins Coie

Supreme Court Strikes Down State Professional Boards’ Antitrust Immunity

Perkins Coie on

In a ruling with significant implications for state professional licensing boards and their members, on February 25, 2015, the United States Supreme Court found that practitioner-controlled state boards do not have inherent...more

McDermott Will & Emery

Federal Court Finds Amex’s “Anti-Steering” Merchant Rules Anticompetitive

After a seven-week bench trial in an enforcement action by the U.S. Department of Justice (DOJ) and 17 state attorneys general, U.S. District Judge Garaufis (Eastern District of New York) held that American Express Co.’s...more

Bracewell LLP

Supreme Court Holds State Regulatory Board Not Immune From Antitrust Laws

Bracewell LLP on

On February 25, 2015, the U.S. Supreme Court determined that the North Carolina State Board of Dental Examiners (“Dental Board”) is not shielded from federal antitrust law under the doctrine of state-action antitrust...more

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