Carl Shapiro, on leave from Berkeley.
[T]ough economic times . . . are exactly the times when suppliers may be most likely to seek some relaxation of the antitrust laws and most tempted to collude.
[A] good argument can be made that suppliers will be especially tempted to collude when they are facing tough times and
The Federal Circuit today affirmed an order that denied an injunction against sale of generic antiulcer drugs. Altana Pharma alleged that the generics would infringe an Altana patent. The district court denied Altana's motion for a preliminary injunction, finding a "substantial question" of whether the generic makers' obviousness defense would succeed. Because Altana didn't show that
The new chief of the Antitrust Division, Christine Varney, today published an advance text of a speech she gave yesterday at the Center for American Progress.
In it, Ms. Varney explains why she'd chosen to withdraw the Division's September 8, 2008, report on "Competition and Monopoly: Single-Firm Conduct Under Section 2 of the
Would a lawyer dare use a law blog to try to affect the outcome of an appeal?
A Note in the April edition of Stanford Law Review makes the case for worrying. See Rachel C. Lee, Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era, 61 Stan. L. Rev. 1535 (2009).
Blawgletter
What did you expect?
The new chief of the Antitrust Division, Christine Varney, has lost no time in serving notice of tougher competition policy. The Senate confirmed Ms. Varney on April 20.
Two days later, Ms. Varney named six AD leaders whose backgrounds shout active and strong antitrust enforcement. Today, she pole-axed a report that last fall
Talk about strange.
In 2003, Judith Hatfield, a New Jerseyan, filed a class action against Halifax PLC and HBOS PLC. She said they cheated her out of money from the sale of the Halifax Building Society. Ms. Hatfield belonged to HBS and alleged that she and others ought to have gotten, but did not get, at
In the world of mutual funds, "market timing" allows a mutual fund trader to exploit lags in the updating of a fund's "net asset value". Fund X, for instance, computes its NAV at 4:00 p.m. Eastern, when the major securities markets close in New York. The price of the fund's shares will reflect that NAV for at
The New York Court of Appeals today upheld denial of a demand by an "absent class member" for access to class counsel's work product. Wyly v. Milberg Weiss Bershad & Schulman LLP, No. 62 (N.Y. May 7, 2009).
Sam Wyly, who owned almost a million shares of Computer Associates stock, filed suit in New York Supreme
Judge McConnell in teaching mode.
The Tenth Circuit announced yesterday that Judge Michael W. McConnell will return to legal academia in late summer.
The resignation will open a vacancy on the 12-judge court.
The court's press release said:
Tenth Circuit Judge Michael McConnell Stepping Down From Bench
DENVER – The United States Court of
Deutsche Bank makes credit default swap news.
Party A works for an investment bank that underwrites bonds. He learns that his bank plans to expand a customer's upcoming bond sale. Party A passes the inside information to a client, Party B.
Party B, a hedge fund adviser, uses the tip to buy an insurance contract. Party B knows that the