Howard Ullman – Orrick, Herrington & Sutcliffe

On the Difficulty of Dauberting Antitrust Economists

It’s difficult. Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of plaintiffs’…more

| Antitrust & Trade Regulation, Civil Procedure, Commercial Law &...

Book Review: Louis Kaplow’s Competition Policy and Price Fixing

Undoubtedly you’ve seen television commercials by a well-known insurance company where one character turns to another and says: “you can save 15% or more in 15 minutes.” The other character then replies: “everyone knows that,…more

| Antitrust & Trade Regulation, Commercial Law & Contracts

Hot Topics In Intellectual Property And Antitrust Law

Overview of Presentation: The Antitrust / IP interface • Observers have long noted a perceived tension between antitrust and IP law • IP law aims to create legally sanctioned zones of exclusivity • It encourages,…more

| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual...

Trademark Misuse Is ^Almost^ Never an Antitrust Injury

Trademarks are commonly thought to convey no market power. In RJ Machine Co. v. Canada Pipeline Accessories Co., Case No. 1:13-cv-00579-SS (W.D. Tex. Nov. 22, 2013) (Sparks, J.), the court dismissed antitrust claims predicated…more

| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual...

Is the California Unfair Practices Act a Free Pass on Motions to Dismiss?

Probably not, but UPA claims can be tough to defeat at the motion to dismiss stage. Witness Rheumatology Diagnostics Laboratory, Inc. v. Aetna, Inc., 2013 U.S. Dist. LEXIS 151128 (N.D. Cal. Oct. 18, 2013) (Orrick, J.), where the…more

| Antitrust & Trade Regulation, Civil Procedure, Commercial Law &...

A Useful Reminder About Sham Litigation as Exclusionary Conduct

In Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., 2013 U.S. Dist. LEXIS 143478 (N.D. Cal. Oct. 3, 2013) (Chesney, J.), the Court dismissed attempted monopolization and monopolization counterclaims with leave to…more

| Antitrust & Trade Regulation, Civil Procedure, Commercial Law &...

Single-Brand Market Claims Are Not Dead

Modern antitrust law’s focus on inter-brand competition has made it much more difficult to plead and prove single-brand market claims. The law’s concern with inter-brand competition is so strong that some observers have all but…more

| Antitrust & Trade Regulation, Civil Procedure, Commercial Law &...

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