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News Release

91 Schiff Hardin Lawyers Named to 2016 Illinois, Michigan Leading Lawyers Network

The list is comprised of those attorneys who are most recommended as top lawyers among their peers.

Article

Appellate Court Affirms FTC’s Finding of Illegal Exclusive Dealing Program

On April 15, 2015, a panel of the 11th Circuit affirmed a decision by a divided Federal Trade Commission that McWane, Inc. violated FTC Act Section 5 with a partial exclusive dealing program adopted to combat a rival.

Article

PhRMAs Objections to HSR Rule on Exclusive Licenses Face Skeptical Appellate Judges

The Federal Trade Commission's Premerger Notification Office (FTC) has long interpreted Hart-Scott-Rodino (HSR) premerger notification requirements to cover exclusive licenses as a reportable acquisition (assuming all other requirements are met) if the licensor did not retain any rights to "make, use or sell" under the patent.

Trending Legal Issue
Trending Legal Issue

9th Circuit Finds Market Allegations Sufficient, Overturns Dismissal in Sutter Health Tying Case

Last week, a 9th Circuit panel overturned the dismissal of plaintiffs’ tying and steering antitrust claims in the putative class action of Sidibe, et. al. v. Sutter Health.

Newsletter

DOJ, FTC Announce New Antitrust Guidance for Recruiting and Hiring; Criminal Enforcement Possible

Many companies—and the HR professionals and other executives who worked for them—have found out the hard way that business-to-business agreements on compensation and recruiting can violate the antitrust laws and bring huge corporate and personal penalties.

Trending Legal Issue

DOJ Polices e-Commerce Antitrust Violations

In December 2015, the Department of Justice’s investigation into the alleged price-fixing of internet-sold wall posters resulted in the indictment of Daniel William Alston and his Britain-based company, Trod Ltd.

Trending Legal Issue

Dominant Ill. Hospital’s Exclusive Contracts Not Anticompetitive

Exclusive dealing agreements, while common across industries, raise real antitrust issues for companies with arguably high market shares.

Trending Legal Issue

Failure to Comply with the HSR Act Just Got More Expensive

In late June, the Federal Trade Commission raised its maximum civil penalties. The new maximums will apply to civil penalties assessed after August 1, 2016, and will include civil penalties for violations that occurred prior to the effective date.

Newsletter

Four Key Changes to the Antitrust Guidelines for Licensing of Intellectual Property—DOJ, FTC Invite Comments

Mark September 26, 2016, on your calendar as the deadline to tell the DOJ and FTC what should be changed, or not, in the Antitrust Guidelines for the Licensing of Intellectual Property.

Trending Legal Issue

Hicks v. PGA: Caddies’ Complaint Lands in the Rough

A lawsuit filed against the PGA Tour by a group of 168 golf caddies was recently dismissed with prejudice by the District Court for the Northern District of California.

Trending Legal Issue

Jury Clears Chrysler of RP Discrimination: Lower Prices Were “Functionally Available”

Last week, a federal jury in Northern California found that Fiat Chrysler’s U.S. entity did not violate Robinson-Patman’s prohibition on price discrimination with its dealer incentive programs.

Newsletter

New HSR Thresholds to Take Effect Soon

On January 21, 2016, the FTC announced the annual adjustments to the jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Act (HSR).

Trending Legal Issue

New or Changed Regulations from Executive Order on Competition?

A new Executive Order instructs departments to consider steps to increase competition in the economy.

Trending Legal Issue

Olympic Runner’s Antitrust Suit Can’t Clear Hurdle

An antitrust lawsuit filed by Run Gum, a manufacturer of energy-enhanced chewing gum founded by two-time Olympic runner Nick Symmonds, was recently dismissed with prejudice in federal district court.

Trending Legal Issue

Seventh Circuit: Size Doesn’t Always Matter under Robinson-Patman

The Seventh Circuit Court of Appeals overturned the district court’s decision in Woodman’s Food Market, Inc. v. Clorox Company.

Trending Legal Issue

Supreme Court Likely to Decide on McWane Petition for Certiorari next Monday

Last year, the Eleventh Circuit affirmed the FTC’s finding that McWane, Inc. had violated Section 5 of the FTC Act via exclusive dealing.

Trending Legal Issue

Third Circuit Provides Guidance on Loyalty Discounts

Loyalty discounts are common marketing schemes that sometimes violate the antitrust laws. In this case, the Third Circuit interprets its extensive precedents to provide guidance on the unusual circumstances when these pricing programs are anticompetitive.

Trending Legal Issue

You Don’t Need to Agree on the Price to Get into Antitrust Trouble

For the second time in a year, the DOJ Antitrust Division has sued a set of competing hospitals for agreements not to advertise in each other's territory. Such naked agreements not to compete in this way will always raise serious antitrust issues. Businesses should institute or upgrade compliance programs to avoid such agreements.

Trending Legal Issue

1-800 Contacts’ Trademark Agreements with Rivals Not Safe from Antitrust Scrutiny

Last August, the Federal Trade Commission issued an administrative complaint against 1-800 Contacts alleging that the company’s agreements with its competitors over the use of trademarks in search advertising violated FTC Act Section 5.

Article
Article

7th Circuit Affirms Summary Judgment for Dominant Illinois Hospital and its Exclusive Contracts

Last fall, the dominant hospital in Peoria, Ill. won summary judgment against a claim of anticompetitive, exclusive dealing agreements made by its major competitor.

Article
Trending Legal Issue

New HSR Thresholds to Take Effect Soon

On January 19, 2017, the FTC announced the annual adjustments to the jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Act (HSR).

Article

Supreme Court Decision in BMS Limits Where Companies Can Be Sued

The U.S. Supreme Court’s decision delivered this week in Bristol-Myers Squibb v. Superior Court of California (BMS) reaffirmed the Court’s commitment to limiting state courts’ jurisdiction over national class actions.

Trending Legal Issue

Top 5 Antitrust Issues Facing Companies in the U.S. Today

Whether dealing with online competitors, market disruption or regulatory uncertainty, companies operating in the U.S. face a host of new and ongoing challenges.

Article

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #1 New Enforcement Officials

While there is general consensus in the antitrust community that antitrust enforcement should be focused on protecting competition, there is disagreement about how active antitrust enforcement should be.

Article

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #2 Competitor Collaboration

Antitrust law has always been concerned about certain types of collaboration among competitors – but it has at times acknowledged that benchmarking, joint ventures, and information exchanges can promote competition if done properly.

Article

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #3 Pricing

Prices provide crucial information to buyers and sellers, and so have always been critical to a competitive economy and antitrust law.

Article

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #4 Merger Review

Merger review has long been the aspect of antitrust law most visible in the general media – and the run-up to the November election was no exception.

Article

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #5 Intellectual Property

Decades ago, antitrust enforcement officials developed the “9 No-No’s” regarding patents and licenses. The days of antitrust hostility toward intellectual property are behind us, but renewed tension between antitrust and intellectual property policy seems to be growing.