Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Nota Bene Episode 46: America’s Existential Antitrust Crisis with Thomas Dillickrath
Instapundit: America's IP Laws Need to be "Pruned Back"
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
The United States Supreme Court infrequently hears antitrust cases but when it decides to hear a case, the Court has the power to shape the framework of American antitrust laws. In this episode, we’re examining the...more
On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more
In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more
On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more
Ninth Circuit Overturns District Court Judge Lucy Koh's Decision That Qualcomm's Licensing and Chip Sales Practices Are Antitrust Violations - The Federal Trade Commission has a history of taking positions and aggressively...more
In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court's most significant antitrust rulings of the last several years. In a majority opinion authored by Justice Kavanaugh, the Court...more
In a 5–4 decision, in Apple, Inc. v. Pepper, the U.S. Supreme Court (the “Court”) followed the its 1977 precedent in Illinois Brick v. Illinois, which limits the assertion of antitrust damage claims to the first purchaser...more
On May 13, 2019, the Supreme Court issued its most recent decision relating to antitrust class action litigation. The case, Apple Inc. v. Pepper, No. 17-204, could represent a significant shift in antitrust class action...more
In a 5-4 split decision, the U.S. Supreme Court appears to have reworked a longstanding precedent that has been a foundation of antitrust litigation for more than 40 years—the “direct purchaser” rule of Illinois Brick, which...more
In a recent decision decided on May 13, 2019, the Supreme Court allowed an antitrust suit to move forward against Apple. Consumers brought suit based on Apple’s operation of its App Store – which serves as the exclusive...more
In a 5-4 ruling issued on Monday, the U.S. Supreme Court in Apple Inc. v. Pepper determined that iPhone users may proceed with their claims against Apple over its alleged anticompetitive app store practices. The decision...more
• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more
The United States Supreme Court decided this week that purchasers of apps through the Apple App Store have standing under federal antitrust law to bring a class-action lawsuit against the tech giant....more
Wondering if you’re a direct purchaser from a monopoly? There’s a Supreme Court ruling for that. Our Antitrust Team downloads the Court’s Apple v. Pepper decision and considers its conclusions and implications....more
In APPLE INC. v. PEPPER ET AL., case number 17-204, the United States Supreme Court considered a case alleging Apple has monopolized the retail market for the sale of apps and has unlawfully used its monopolistic power to...more
On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of...more
On May 13, 2019, the Supreme Court decided Apple Inc. v. Pepper, No. 17-204, holding that iPhone owners who purchase apps from Apple’s App Store are “direct purchasers” from Apple and may sue Apple for alleged monopolization...more
In an action by Apotex for compensation from Sanofi and Schering under the Ontario Statute of Monopolies, U.K. Statute of Monopolies and the Trade-marks Act, the Ontario Court of Appeal has overturned a motion judge’s...more
In what was a surprise result, on April 23, Judge William Smith (Chief Judge of the District of Rhode Island) reversed the “tentative” decision he had announced last November, in Stewart Health v. Blue Cross & Blue Shield of...more
The Sixth Circuit on Tuesday voted 2 to 1 to reverse a district court’s grant of summary judgment under which a defendant hospital network had been found to be a single entity incapable of conspiring with itself in an...more
In a unanimous decision issued on February 19, 2013, the U.S. Supreme Court ruled that the state-action doctrine did not immunize Phoebe Putney Health System’s acquisition of Palmyra Park Hospital in Albany, Georgia.1 The...more