Law, Strategy, and Risk in Commercial Disputes
The Federal Aviation Act pre-empts state laws that "relate[] to a price, route, or service of an air carrier." The statute thus bars state law price-fixing claims against your American Airlineses, your U.S. Airwayses, your Virgin Americas, and — yes — even your Air Gumbos and your go!s.
But what about our foreign flying friends at…
The Federal Trade Commission's Bureau of Competition enforces U.S. pro-competition laws in tandem — and at times in competition with — the Antitrust Division of the Department of Justice. Like its DOJ cousin, the Bureau seeks to curb anticompetitive conduct, such as price-fixing and rivalry-reducing mergers. And, more so than in the recent past, it has taken action to…
The Supreme Court of California ruled last week that the Golden State's antitrust statute, the Cartwright Act, allows an award of overcharge damages to people who don't buy directly from a price-fixer. Clayworth v. Pfizer, Inc., No. S166435 (Cal. July 12, 2010).
The case involved pharmacies that alleged price-fixing by drug manufacturers. The…