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Supreme Court of the United States › The Clayton Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

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The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Stevens & Lee

Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

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The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more

Foley & Lardner LLP

Does the McCarran-Ferguson Act Apply to the FCRA?

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A common question that arises in the insurance-regulatory context, including in the context of insurance scoring and modelling, is whether, and to what extent, the McCarran-Ferguson Act applies to the FCRA.  The information...more

Fenwick & West LLP

The FTC Continues to Broaden Its Enforcement Authority to Pursue Chair Khan’s Agenda

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On July 9, 2021, just days into her tenure as Federal Trade Commission (FTC or Commission) Chair, Lina Khan led the Commission’s charge to rescind the agency’s 2015 policy statement (2015 Statement) on its approach to...more

Epstein Becker & Green

Constitutionality of FTC’s Structure and Procedures Under SCOTUS Review

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Both the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) have authority to enforce Section 7 of the Clayton Act by investigating and challenging mergers where the effect of such...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 21 | May 2021

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Frontier Sued over Allegations that Its DSL Service Is Slower than Advertised  - The Federal Trade Commission (“FTC”), and a bipartisan group of five state AGs and two California district attorneys, sued Internet service...more

Snell & Wilmer

Fourth Circuit Affirms Divestiture Order in Antitrust Challenge Brought by Private Party Against Acquisition

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In an unprecedented move, the Fourth Circuit in Steves and Sons Inc. v. JELD-WEN Inc. recently affirmed an order requiring a company to unwind the acquisition of competitor business in connection with an antitrust action...more

McNees Wallace & Nurick LLC

McNees Litigation News - July 2019

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SCOTUS Class Action Update: Consumers Get Another Bite at Apple Profits for Alleged Antitrust Violations - On May 14th, in an opinion authored by Justice Kavanaugh, the Supreme Court of the United States gave consumers the...more

McGuireWoods Consulting

Emerging Technologies Washington Update May 2019 #3

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This Week: House passes disaster aid package for hurricane recovery in Puerto Rico, the Senate Commerce advanced two bills aimed at improving broadband access, The President signed an Executive Order on Securing the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds Antitrust Claims of iPhone App Consumers Are Not Barred by Illinois Brick

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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

Womble Bond Dickinson

Does Kavanaugh's Dissenting Opinion in the Anthem-Cigna Merger Portend His View of Precedent and "Settled Law"?

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Much has been speculated about Trump's Supreme Court nominee Brett Kavanaugh's opinions on hot button issues, such as abortion and whether he considers Roe v. Wade to be "settled law." What constitutes precedent and when...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

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On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Robinson & Cole LLP

Health Law Pulse - June 2016

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On May 9, 2016, a federal district court for the Middle District of Pennsylvania rejected a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger (Merger) between Penn...more

Proskauer Rose LLP

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

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Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

Goodwin

FTC Amicus Brief Confirms Need for Independent Proof of Causation in Private Reverse-Payment Antitrust Cases

Goodwin on

In the ongoing battles over the antitrust treatment of pharmaceutical patent settlements, the Federal Trade Commission and private industry have not agreed on much. But a recent FTC amicus brief appears to signal a high level...more

Troutman Pepper

FTC Issues First Formal Policy on Section 5's Unfair Competition Authority

Troutman Pepper on

Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community. On August 13, the Federal Trade Commission (FTC) issued...more

Orrick, Herrington & Sutcliffe LLP

Antitrust and Competition Newsletter - February 2014

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U.S. Supreme Court Holds That Parens Patriae Suits Are Not Removable to Federal Court as “Mass Actions” Under the Class Action Fairness Act - On Jan. 14, 2014, the U.S. Supreme Court held that a parens patriae...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ambry Responds to Myriad Lawsuit

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Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment - On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more

Troutman Pepper

Eaton Looks To U.S. Supreme Court For Help After Third Circuit Upholds

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On February 25, 2013, Eaton Corporation (Eaton) filed a petition for certiorari to the United States Supreme Court seeking to reverse a jury verdict finding Eaton liable for illegal monopolization. In late 1999/early 2000,...more

Bracewell LLP

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

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On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more

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