Howard Ullman – Orrick, Herrington & Sutcliffe

Marginal Evidence of Customer Diversion Won’t Support a Price Discrimination Claim

In Cash & Henderson Drugs, Inc v. Johnson & Johnson, Case No. 12-4689 (2nd Cir. Aug. 27, 2015), the Second Circuit upheld a summary judgment in favor of defendant pharmaceutical manufacturers accused of price discrimination…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Health, Science, Computers, & Technology

Are Mutual Index Funds Anti-Competitive?

They may be, according to a thought-provoking article by Harvard Law School Professor Einer Elhauge entitled “Horizontal Shareholding as an Antitrust Violation” (July 21, 2015).... In a nutshell, Professor Elhauge’s…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, Securities Law

Milk expiration dates and clever cartels

The Planet Money podcast this week has a story about the Greek economy. According to the podcast, there is a Greek milk producer “cartel.” Of course cartels are unlawful in Europe, just as they are in the U.S. So it seems…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

Price Erosion and Restricting Online Distribution Rights

A reader who works with clients who sell online asked me to address online distribution restrictions.  This is more-or-less the reverse of the question I addressed in “Can My Supplier Refuse to Sell Products to Me?”  As always,…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Science, Computers, & Technology

Federal Circuit Affirms First Patent Trial and Appeal Board (PTAB) Decision in a Covered Business Method Review

On July 9, 2015, a divided panel of the Court of Appeals for the Federal Circuit (“CAFC”) affirmed the first Patent Trial and Appeals Board (“PTAB”) decision concerning Covered Business Method (“CBM”) reviews, which were created…more
| Civil Procedure, Intellectual Property

“And the Plaintiffs Don’t Have to Sue My Competitors Because? . . . .”

One of the pet peeves of antitrust defendants is that the joint-and-several liability rule often means that plaintiffs can pick and choose which defendants to sue. (Plaintiffs will say – that’s a design feature of the antitrust…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

SCOTUS Reaffirms that in Antitrust Cases, It Gives Less Deference to Precedent

Yesterday, in Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the rule first announced in Brulotte v. Thys Co., 379 U.S. 29 (1964), that a patentee cannot collect royalties on sales made after expiration of…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Intellectual Property

Is Antitrust Relevant for Startups, Emerging, and Non-Dominant Firms?

The answer is (surprise!) “yes.” There are a number of ways in which antitrust law is relevant to emerging and non-dominant companies. Those firms may: Need to deal with the dominant firms in their markets,…more
| Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Intellectual Property

Wholesale Grocery Products Case Raises Questions About How and When to Apply Per Se Rule and Rule of Reason

The Supreme Court recently denied review in In re: Wholesale Grocery Products Antitrust Litigation, an action that came up from the District of Minnesota and the Eighth Circuit. Substantively, the case is a useful reminder about…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

Do State Bar Associations Have Antitrust Risk?

It was only a matter of time after the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015) (*), that a state bar association would face an antitrust…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Can Trademark Abuse Constitute Monopolization?

As far as antitrust law is concerned, trademarks are the unwanted stepchildren of intellectual property. The conventional wisdom is that trademarks – whose exclusionary effect is very attenuated, if it exists at all – do not…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Intellectual Property

Can Computers Conspire to Fix Prices?

Strange as it sounds, maybe we’re getting closer to the day we have to seriously consider liability for computer conspiracies. On April 6, David Topkins, a former executive of an e-commerce seller of posters, prints and…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Science, Computers, & Technology

SCOTUS Holds Natural Gas Act Does Not Preempt State Law Antitrust Claims

In Oneok, Inc. v. Learjet, Inc., Case No. 13-271 (Apr. 21, 2015), the U.S. Supreme Court held that the Natural Gas Act did not preempt retail customers’ state law antitrust claims against interstate gas pipeline operators for…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Energy & Utilities

Sixth Circuit Applies Cost Screen to Tying by Differential Pricing

In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not also…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Commercial Law & Contracts

Return of Robinson-Patman Act and Resale Price Maintenance Litigation?

A quick note on a few recent developments suggesting that RP and RPM litigation is not yet dead. First, on February 2, 2015, a court refused to dismiss claims against Clorox arising from its refusal to sell a small regional…more
| Antitrust & Trade Regulation, Commercial Law & Contracts
Showing 1-15 of 171 Results
|
View per page
Page: of 12
Contact

405 Howard Street
San Francisco , CA 94105, United States

  • 415-773-5652
  • 415-773-5759

Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Mergers & Acquisitions
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×