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Antitrust Violations › Rule-of-Reason Analysis › Per Se Rule

Freeman Law

Tradeshows and Exhibitions | Sherman Antitrust Considerations

Freeman Law on

Overview - The antitrust laws provide no bright-line rules about what particular analysis will apply for the exclusion of a participant from an exhibition marketplace, although likely, the Rule of Reason applies. In any...more

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

McDermott Will & Emery on

A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in No-Poach Litigation

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Miles & Stockbridge P.C.

No-poach Agreements Continue to Take Center Stage in 2019

Miles & Stockbridge P.C. on

‘No-poach’ agreements between businesses not to compete with each other for employees have long been held unlawful under Section 1 of the Sherman Antitrust Act, which prohibits certain restraints on trade and competition....more

Skadden, Arps, Slate, Meagher & Flom LLP

'Titans' of Antitrust Policy Clash Over No-Poach Agreements

Skadden, Arps, Slate, Meagher & Flom LLP on

Legal battles over the antitrust treatment of no-poach agreements continue to escalate with new district court decisions and new pronouncements from two “titans” of antitrust policy, the Department of Justice (DOJ) and the...more

BakerHostetler

The Rise and Fall of Statistical Significance

BakerHostetler on

Dealing with clinical studies can be one of the more challenging aspects of being an advertising/marketing lawyer, particularly if you are one of many lawyers who took the political science/econ route to law school. ...more

Mintz

Antitrust Case Against BCBS to Continue Under Per Se Standard

Mintz on

In a long-running antitrust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be...more

Mintz

Using “Old Cases,” District Court Applies Per Se Standard of Review to Blue Cross Blue Shield’s Restrictive Practices in Antitrust...

Mintz on

Since 2013, the Blue Cross Blue Shield Association has faced a series of purported class actions consolidated in the U.S. District Court in Alabama. In a recent decision focused upon the appropriate standard of review, the...more

Patterson Belknap Webb & Tyler LLP

Alabama Federal Court Will Analyze Blue Cross Blue Shield Antitrust Claims Under Per Se Standard; Defers Decision on “Single...

Patterson Belknap Webb & Tyler LLP on

A court’s decision regarding the proper standard of review in a Sherman Act Section 1 case—whether to analyze the defendant’s conduct as a per se antitrust violation or under the “rule of reason”—is highly significant. The...more

Mintz - Health Care Viewpoints

District Court Finds Hospital’s Joint Venture Not “Per Se” Unlawful

Mintz - Health Care Viewpoints on

On the eve of trial, and after years of litigation (including an appeal to the Sixth Circuit), all claims by Dayton, Ohio hospital The Medical Center at Elizabeth Place (“MCEP”) against Premier Health Partners (“Premier”)...more

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