Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more
3/10/2021
/ Antitrust Provisions ,
Appeals ,
Certiorari ,
College Athletes ,
Joint Venture ,
NCAA ,
Oral Argument ,
Proposed Legislation ,
Rule-of-Reason Analysis ,
SCOTUS ,
Sherman Act
On June 25, 2018 the Supreme Court ruled, in a 5-4 decision, that American Express’s antisteering rules do not violate federal antitrust laws. In reaching this conclusion the Court determined that, for two-sided markets like...more
The retail industry should have great interest in a case set to be decided the Supreme Court this term, the outcome of which will affect the terms and conditions of credit card acceptance for all merchants.
The Supreme...more
On Monday, October 17, the Supreme Court granted certiorari to review the Second Circuit’s decision in Ohio v. American Express, suggesting that the Court may be ready to shed additional light on the “rule of reason” test...more