Antitrust

Welcome to the new blog!

By Barry Barnett on April 27, 2015

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Price-Fixing Claims Parry Field Preemption in Supreme Court

By Barry Barnett on April 27, 2015

Pre-emption? Ha!

A 7-2 split on the U.S. Supreme Court last week revived state-law antitrust claims against natural-gas pipelines. End-user (or retail) customers alleged that the pipelines conspired to rig index prices and thus inflate sales prices. The ruling gave narrow play to the pipelines' "field pre-emption" defense. The Court held that a federal agency's…

High Court Rejects State-Action Defense in Teeth-Whitening Case; State — Not Fox — Must Guard Henhouse

By Barry Barnett on February 25, 2015

State action?

The U.S. Supreme Court ruled today that a North Carolina board's ban on cheap teeth-whitening by non-dentists may expose the board's members to a federal antitrust claim despite the board's status as a creature of the state. N. Carolina State Board of Dental Examiners v. FTC, No. 13-534 (U.S. Feb. 25, 2015).

The 6-3 Court stressed that the…

Why Comcast Corp. v. Behrend Went Off the Air

By Barry Barnett on February 12, 2015

In Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015), the Second Circuit gave a narrow reading of the Supreme Court's ruling on class certification in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).^*

The outcome does not surprise Blawgletter, who had the honor of arguing Comcast Corp.

GM Rebate Saves Parts Seller from Below-Cost Predatory Pricing Claim, Fifth Circuit Rules

By Barry Barnett on January 28, 2015

A beastly hard theory

The latest antitrust ruling by the Fifth Circuit favors a giant, General Motors, despite its huge share of the parts market that the plaintiff accused it of monopolizing. But the case says less about the Fifth Circuit's pro-defense leanings than it does about the steep odds against predatory-pricing cases in general.…

LIBOR Price-Fixing Claims Get Reprieve; Second Circuit Must Hear Appeal, Supreme Court Decides

By Barry Barnett on January 21, 2015

Unanimous Court orders review of key district court ruling

The Second Circuit made a mistake when it refused to hear an appeal, the Supreme Court held 9-0 today in Gelboim v. Bank of Am. Corp., No. 13-1174 (U.S. Jan. 21, 2015); see Supreme Court Takes LIBOR Case, Blawgletter®, July 1, 2014.

The Court's ruling will…

Illinois Brick Goes Global

By Barry Barnett on December 1, 2014

Dear Blawgletterati:

A rebuke

Drop dead, the Seventh Circuit on November 26 told U.S. firms that want to collect treble damages under the Sherman Act for fixing prices on their foreign subs' purchases overseas.

Either have your subs buy the stuff in the U.S., the panel ruled, or purchase the goods for import into the…

Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Holds

By Barry Barnett on October 27, 2014

Good faith and fair dealing

New York law "implies" a duty in all contracts — a duty to perform promises in good faith.^*

Does that mean a party must adjust a contractual benchmark rate if it knows something has distorted the benchmark?

Yes, the Second Circuit held in Security Plans, Inc. v. CUNA …

Dow Loses $1.2 Billion Price-Fixing Appeal; Large Victory for Class Actions

By Barry Barnett on September 29, 2014

Big damages . . . and a big win for class actions

A Tenth Circuit panel of judges has upheld a $1.2 billion verdict and judgment against Dow Chemical for its role in a price-fixing conspiracy that involved urethane chemical products. Dow Chemical Co. v. Seegott Holdings, Inc., No. 13-3215 (10th Cir. Sept. 29, 2014)…

Guest Post: “The Everything Store” — Can You Buy a Monopsony on Amazon?

By Barry Barnett on August 19, 2014

You have a special treat today.

Hollis Salzman and Meegan F. Hollywood at Robins, Kaplan, Miller & Ciresi L.L.P. in New York have written a timely Guest Post on an important and exotic antitrust topic — monopsony.

Ms. Salzman serves as Co-Chair of Robins Kaplan's Antitrust and Trade Regulation Group and as co-lead counsel in blockbuster antitrust…

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