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All Articles »Antitrust and Trade Regulation - Recent Legal Articles
- Does a Minimum Advertised Price (MAP) Policy Violate Antitrust Laws in the United States?
We see many antitrust issues in the distribution world—and from all business perspectives: supplier, wholesale distributor, authorized retailer, and unauthorized retailer, among others. And at the retail level, we hear from both internet and brick-and-mortar stores.
- What Are the Elements for a Tortious Interference Claim under California Law?
The law of contracts governs a wide range of business and commercial activity, allowing individuals and businesses to take risks with the knowledge that they have legal recourse. Breach of contract claims, however, are only possible between parties to a binding contract. This does not cover many situations in which someone else interferes in a contractual or economic relationship.
- Is an Anticompetitive Contract Clause an Ancillary Restraint that Will Survive Antitrust Scrutiny?
Setting prices or allocating markets with your competitor is a terrible idea. Doing so is likely to lead to civil litigation and perhaps even criminal penalties.
- The Requirements of an HSR Antitrust Filing for a Merger or Acquisition in the United States
In the United States, mergers and acquisitions involving companies of a certain size must be reviewed by one of the competition authorities—the Federal Trade Commission or the Department of Justice.
- Bid-Rigging Is a Per Se Violation of the Antitrust Laws
Bid rigging violates the U.S. antitrust laws.
- Consumer Financial Protection Bureau (“CFPB”) Continues to Focus on Informed Decisions
This month the Consumer Financial Protection Bureau (“CFPB”) prevailed on a motion to dismiss brought by Navient, which was founded, at least partially, on constitutional challenges. The case is Consumer Fin. Prot. Bureau v. Navient Corp. (M.D.Pa. Aug. 4, 2017, No. 3:17-CV-101) 2017 U.S.Dist.LEXIS 123825.
- Legality of Paying for Online Reviews
Online reviews for products, services and amenities through websites and companies draw customers and clients in for business. However, some of these organizations pay for the online reviews, which could be in the gray legal area.
- When Is the Filed Rate Doctrine a Defense to an Antitrust Lawsuit?
The doctrine of federal antitrust law includes several immunities and exemptions—entire areas that are off limits to certain antitrust actions. This can be confusing, especially because these “exceptions” arise, grow, and shrink over time, at the seeming whim of federal courts.
- Antitrust Laws Do Not Allow Real Estate Agents to Jointly Fix or Set Prices or Commissions
If you have sold or purchased a home recently, you might be under the impression that real estate commissions—the price to engage a real estate broker—are fixed or otherwise set by law in different geographic markets. They aren’t—to do so amounts to price-fixing, which is a per se violation of the antitrust laws.
- About Federal Antitrust Laws
The antitrust laws in the United States are a collection of both federal and state regulations in place that control both the conduct and corporate business transactions.