- Antitrust
Commercial Roundup – July 13, 2023
- False statements about and manipulating reviews of nutritional supplements exposed Amazon vendor to disgorgement, attorney’s fees, and potentially punitive damages.
- Lack
Commercial Roundup – June 28, 2023
Welcome to The Contingency‘s Commercial Roundup for June 28!
Since our last issue, much has happened, not least FeedSpot’s recognition of The Contingency as one of the 30 Best Antitrust Law Blogs and Websites.Continue Reading Commercial Roundup – June 28, 2023
Paying More in the “But-For World” as Injury to “Property”
Last month, the American Antitrust Institute and three economists moved to file amicus briefs in favor of an economic model that quantifies what Google describes as “happiness”. AAI and the economists seek to support opinion evidence in antitrust litigation against Google, In re Google Play Store Antitrust Litig., No. 3:21-md-02981-JD (N.D. Cal.), pending before
Commercial Roundup – June 14, 2023
- Buyer of rights to heart-valve repair device met promises to promote device with buyer’s usual “efforts and level of care”.
- Calling computer-security software “malicious” and a “threat” implied facts, not opinions, and therefore could violate Lanham Act.
- Order to “immediately cease” using near copies of trademark online amounted to injunction that lacked findings
Antitrust Lessons for Patent Cases
A golden age of civil antitrust, from the 1960s into the 1980s, enriched the victims of cartels and monopolies but upset corporate America. The high cost of paying treble damages claims eventually provoked a spare-no-expense approach to defense. That in turn influenced the way plaintiffs prosecuted their Sherman Act claims.
Much the same thing has
Commercial Roundup – May 17, 2023
Commercial Roundup – April 27, 2023
Commercial Roundup offers a double feature this week–two weeks in one.
We lead off with a memory (“The biggest surprise?”), proceed through a slew of IP rulings, pause on my colleagues’ big win against Fox News (“All it took”), note the Supreme Court has cleared the way for constitutional attacks on the SEC and FTC (“How about now?”) and the Fifth Circuit almost immediately expedited one such attack (“Fifth Circuit looks anxious”), and highlight rulings on choice of law clauses and class certification before ending on a high note (“Need a lift”).
Have a terrific rest of the week.Continue Reading Commercial Roundup – April 27, 2023
Commercial Roundup – April 5, 2023
This week’s Commercial Roundup follows three days of all antitrust, all the time at the ABA Antitrust Law Section’s annual Spring Meeting in our nation’s capital. More than 3,700 government enforcers, private lawyers, judges, economists, econometricians, academics, students, and others assembled to talk about the recent past and future of antitrust in the U.S. and around the world.
The Roundup includes but one post about the Spring Meeting—BIG meets ABA—but it will give you a good sense of the combat that flickered into view amid the nerdy bonhomie. You can find other posts on the Spring Meeting here, here, and here.
Now, let’s get to the Roundup!Continue Reading Commercial Roundup – April 5, 2023
Commercial Roundup–March 23, 2023
Welcome to this week’s Commercial Roundup.
Below you will find headlines and links to appellate decisions and other items of particular interest to business people and lawyers dealing with complex disputes.
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Now let’s get to the Roundup!