News & Analysis as of

Restraint of Trade Rule-of-Reason Analysis

Kerr Russell

Why Dentists Must Pay Attention to Antitrust Law

Kerr Russell on

You should also be aware that the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust...more

Payne & Fears

Economic Tort of Tortious Interference With At-Will Contractual Relations Requires Allegation of Independent Wrongful Act

Payne & Fears on

In Ixchel Pharma, LLC v. Biogen, Inc., S256927, 2020 WL 4432623 (Cal. Aug. 3, 2020) (“Ixchel Pharma”), the Supreme Court of California clarified two points: (1) that to state a claim for interference with an at-will contract...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in No-Poach Litigation

Federal district courts around the country continue to grapple with how to analyze “no-poach” agreements — whereby two or more companies agree not to hire or recruit each other’s workers — under the antitrust laws. Beginning...more

Dickinson Wright

Michigan Supreme Court Holds That the Federal “Rule of Reason” Applies in Evaluating the Enforceability of Noncompete Agreements...

Dickinson Wright on

The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Disallows Additional Compensation for College Athletes

Yesterday, the Ninth Circuit ruled in the long awaited O’Bannon v. NCAA case, which challenged NCAA rules that bar student-athletes from “being paid for the use of their names, images, and likenesses” (NILs) – part of the...more

Sheppard Mullin Richter & Hampton LLP

American Quarter Horse Association Rule Against Registration of Cloned Horses Found Not To Violate Sherman Act

A Matsushita “Quick Look” Analysis Demonstrates that While Plausible, No Evidence Supports An Actionable Conspiracy or Monopoly. Abraham & Veneklasen Joint Venture et al. v. Am. Quarter Horse Ass’n, 776 F.3d 321 (5th Cir....more

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