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Distributors Monopolization

Holland & Knight LLP

It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

Holland & Knight LLP on

The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé,...more

Patterson Belknap Webb & Tyler LLP

Court Finds Apple is a Distributor of iPhone Apps, Allows Antitrust Suit

In a significant Illinois Brick decision, the Ninth Circuit recently issued an opinion concluding that consumers who purchase apps from Apple’s “app store” directly purchase those apps from Apple, which acts as a distributor....more

Parker Poe Adams & Bernstein LLP

Antitrust Violation Found "Fitting": Use of Exclusivity Program with Distributors in Pipe Fitting Market Found to Violate...

Government competition authorities in the United States are sometimes challenged, if not criticized, for not pursuing claims based on single firm conduct in maintaining a monopoly. The recent opinion of the United States...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power

The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of monopoly power under Section 5 of the...more

Mintz

FTC Flushes McWane in a Big Eleventh Circuit Exclusive Dealing Win

Mintz on

The situations where exclusive dealing policies, explicit or tied to an aggressive discounting program, cross the line under the rule-of-reason remain far from clear. Because it involved appellate review of a Federal Trade...more

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