News & Analysis as of

Supreme Court of the United States › Sherman 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

Pillsbury Winthrop Shaw Pittman LLP on

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

Flaster Greenberg PC

Antitrust Blitz: NFL’s Sunday Ticket Ruling Could Have Potentially Broad Implication for All Professional Sports

Flaster Greenberg PC on

On June 27, 2024, a jury in the United States District Court for the Central District of California rendered a multibillion-dollar verdict in favor of restaurant/bar owners and individual customers and against the National...more

Flaster Greenberg PC

Name, Image, and Likeness Compensation for Student-Athletes: From the Playing Field to the Courthouse, Is the Ball Now in...

Flaster Greenberg PC on

For decades, student-athletes have asserted that colleges and universities have benefitted from their participation in collegiate athletics, while the student athletes themselves receive nothing in return. A college...more

Morgan Lewis

Supreme Court’s Cert Denial Leaves Low Pleading Bar for Claims Against Sports Leagues

Morgan Lewis on

The US Supreme Court on April 22, 2024 denied a petition for a writ of certiorari in the closely watched antitrust case United States Soccer Federation Inc. v. Relevent Sports LLC. The decision raises important questions...more

Ervin Cohen & Jessup LLP

SCOTUS Denies Petition to Review McDonald’s No Poach Lawsuit

Ervin Cohen & Jessup LLP on

On March 18, 2024, the Supreme Court of the United States (the “Supreme Court”) denied a petition for writ of certiorari brought by McDonald’s USA, LLC (“McDonald’s”). McDonald’s had asked the Supreme Court to review a...more

Kohrman Jackson & Krantz LLP

Student Athletes Secure Victory Over NCAA: Discussing the Future of NIL in Collegiate Athletics

Kohrman Jackson & Krantz LLP on

In July 2021, the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Alston secured student-athletes’ right to monetize their name, image, and likeness (or NIL). Before the landmark decision, the...more

Troutman Pepper

Tennessee and Virginia AGs File Antitrust Suit Against NCAA Over New NIL Policies

Troutman Pepper on

On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the...more

McDermott Will & Emery

Court Finds Red Cross Has Antitrust Immunity, Rejecting Broad Interpretation of the Sherman Act

McDermott Will & Emery on

Recently, in a rarely considered question, the US District Court of Massachusetts held that the American Red Cross (ARC), a federally chartered corporation, is not subject to liability under the Sherman Antitrust Act (Sherman...more

Orrick, Herrington & Sutcliffe LLP

Antitrust Judgment-Sharing Agreements Remain Viable (For Now) After Supreme Court Denies Certiorari

Orrick, Herrington & Sutcliffe LLP on

The U.S. Supreme Court declined to review a district court decision upholding the validity and enforceability of a judgment-sharing agreement (JSA) among defendants in an antitrust civil price fixing action....more

Constangy, Brooks, Smith & Prophete, LLP

Major League Baseball loosens non-player labor market

Constangy, Brooks, Smith & Prophete, LLP on

Open for negotiations. Since the U.S. Supreme Court decided in the Federal Baseball case of 1922 that baseball was not interstate commerce, Major League Baseball has enjoyed an exemption from antitrust law. The Supreme...more

Haug Partners LLP

D.C. Circuit Dismisses FTC Antitrust Suit: Exclusive Pharma Patent Licenses Remain Permissible Under The Patent Act

Haug Partners LLP on

On Friday, August 25, 2023, the U.S. Court of Appeals For The District Of Columbia Circuit affirmed dismissal of an antitrust action brought by the Federal Trade Commission regarding Endo Pharmaceuticals’s grant of an...more

Ballard Spahr LLP

California federal court denies arbitration motion in Ticketmaster case

Ballard Spahr LLP on

We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more

Foley & Lardner LLP

Does the McCarran-Ferguson Act Apply to the FCRA?

Foley & Lardner LLP on

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

Foley & Lardner LLP

The NIL Presumption: Is the Newest NCAA Measure a Boon for Enforcement or the Next Front for Legal Challenge?

Foley & Lardner LLP on

The Name, Image, and Likeness (“NIL”) era of college sports has brought headlines, rumors, and dollar signs, but little in the way of NCAA enforcement. The NCAA’s seeming reluctance to take action against perceived violators...more

Proskauer Rose LLP

The Potential Antitrust Impact Of High Court Section 230 Case

Proskauer Rose LLP on

Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Dunlap Bennett & Ludwig PLLC

The Role of Patents in Prescription Drugs

Dunlap Bennett & Ludwig PLLC on

Americans spend on average about $1,300 per person per year on prescription drugs, which represents only about 13.3% of the total paid-for drugs in the US. Private insurers, Medicare, and Medicaid pay another 81.8%. ...more

ArentFox Schiff

Decades-Running Antitrust Claims Against Sabre Continue To Overcome Hurdles

ArentFox Schiff on

Before being acquired by American Airlines, US Airways sued Sabre for anticompetitive conduct under the Sherman Act. The case begins trial later this spring, and the district court’s recent ruling on summary judgment...more

Verrill

More Madness: Catch Up With NCAA Happenings

Verrill on

While there’s no denying March Madness brings the National Collegiate Athletic Association (NCAA) considerable attention, the Association has been the subject of significant press over the last year for several hot-button...more

Vinson & Elkins LLP

Game Changer: Understanding the NCAA’s New NIL Policy

Vinson & Elkins LLP on

For over a century, the National Collegiate Athletic Association (“NCAA”) barred student-athletes from monetizing their name, image, and likeness (“NIL”). Yet, after facing mounting pressure from student-athletes, state...more

Winstead PC

An In-Depth Summary and Analysis of the Important Alston Decision

Winstead PC on

On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of...more

Saul Ewing LLP

College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico

Saul Ewing LLP on

In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, discusses the issues of college athletes being compensated for their name, image and likeness...more

Sheppard Mullin Richter & Hampton LLP

Two Important Antitrust Cases Decided by US Supreme Court

Sheppard Mullin Richter & Hampton LLP on

The United States Supreme Court decided two antitrust cases for October Term 2020. The first case, AMG Capital Management v. Federal Trade Commission, unanimously held that the Federal Trade Commission (FTC) is not...more

Bracewell LLP

A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA

Bracewell LLP on

The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college...more

Poyner Spruill LLP

Navigating the New World of Name-Image-Likeness for Student-Athletes

Poyner Spruill LLP on

On June 21, 2021, the United States Supreme Court unanimously held that NCAA rules prohibiting most types of compensation for student-athletes’ name, image and likeness (NIL) violate federal antitrust laws in the landmark...more

131 Results
 / 
View per page
Page: of 6
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide