Antitrust Commentary

This blawg provides the latest antitrust news and commentary on recent antitrust developments—private and government litigation, civil and criminal government investigations and mergers and acquisitions including Hart-Scott-Rodino Act review.

Author: Matthew S. Wild is senior counsel at Levitt & Kaizer in New York City.

Blawg Related Categories: Antitrust Law • Mergers & Acquisitions • Solo / Small Firm

Recent Posts from Antitrust Commentary

Scrap Metal Dealers Acquitted of Price-Fixing
In another blow to the Antitrust Division’s criminal section, two scrap metal dealers were acquitted of price-fixing on June 25, 2009. The jury returned its verdict in less than four hours. As reported in the…
Supreme Grants Certiorari to Review NFL’s Licensing Program in American Needle
The Supreme Court granted certiorari to review American Needle Inc. v. Nat’l Football League, No. 07-4006, 2008 WL 3822782 (7th Cir. Aug. 18, 2008). As explained in the September 4, 2008 Post, that case applied…
LEVITT & KAIZER Group Appointed Lead Counsel for Indirect Purchaser Class in the Packaged Ice Antitrust Litigation
Yesterday, the United States District Court for the Eastern District of Michigan appointed the LEVITT & KAIZER group interim lead counsel, in particular Matthew S. Wild, Richard Levitt, Max Wild and John M. Perrin, for…
A Robinson-Patman Act Claim Succeeds at Trial
On April 27, 2009, a district judge ruled in favor of a Robinson-Patman Act plaintiff and granted injunctive relief. Feesers, Inc. v. Michael Foods, Inc., 2009 WL 1138126 (M.D. Penn. Apr. 27, 2009). On remand…
Maryland Enacts the First Leegin Repealer Statute
Maryland has amended its antitrust law to make resale price maintenance agreements per se illegal, thus overruling Leegin Creative Leather Products v. PSKS, 127 S.Ct. 2705 (2007). In Leegin, the Supreme Court overruled Dr. Miles…
Sham Litigation Allegations Held Sufficient to Avoid Dismissal under Noerr-Pennington Doctrine
As examined in the February 17, 2009 Post, there have been a number of recent appeallte decisions reviewing successful Noerr-Pennington immunity defense assertions. Alternative Electrodes, LLC v. EPMI, Inc., No. 08-CV-1247 (JFB)(ETB), 2009 WL 250474…
FTC Settles Challenge to Whole Foods’ Acquisition of Wild Oats
Today the FTC announced a settlement with Whole Foods that requires Whole Foods to divest 32 supermarkets in 17 geographic markets. The FTC also required to Whole Foods to transfer Wild Oats’ intellectual property, including…
The Supreme Court Unanimously Rejects Price Squeeze Claim
Yesterday, the Supreme Court in Pacific Bell Telephone Co. v. Linkline Communications, Inc., No. 07-512 (Feb. 25, 2009) (LinkLine decision here) unanimously rejected a price squeeze claim alleged under Section 2 of the Sherman Act. …
The Supreme Court Seeks Solicitor General’s View of Whether to Grant Certiorari in a Case that Shielded the NFL’s Licensing Arrangement from Antitrust Scrutiny
The September 4, 2008 Post examined a recent Seventh Circuit decision that held that the NFL was immune under the antitrust laws for its exclusive licensing of team logos on headwear to Reebok. American Needle…
The Tenth Circuit Rejects Deer Valley Ski Rental Store’s Claims for Monopolization and Attempted Monopolization against Ski Resort
On February 18, 2009, the United States Court of Appeals for the Tenth Circuit affirmed dismissal of a complaint filed by a ski rental store against the Deer Valley, Utah ski resort operator with its…