Imported Antitrust

Book Note the Antitrust Counterattack in Patent Infringement Litigation

Patent infringement suit claims of inequitable conduct before the Patent Office and claims of patent misuse are staple affirmative defenses in patent practice. Defendants' frequent invocation of the inequitable conduct and patent misuse doctrines causes patentee-plaintiffs to consider the possibility that a court will find the patent unenforceable in accord with those doctrines. The authors of ...

Antitrust Laws: the Nurse Wages Antitrust Litigation

Economic Doctrines and Approaches to Antitrust

There is considerable disagreement over optimal antitrust policy. Some propose a weak role for antitrust authorities, others a strong role. These differences don’t stem principally from politics, in the sense of different interests expressing different views. Rather, they stem from differences in the overall antitrust doctrine held by regulators, other policymakers, scholars and advocates. In f...

Can HMOs wield market power? Assessing antitrust liability in the imperfect market for health care financing.

TABLE OF CONTENTS Introduction .. .................................... 93 I. Background . ................................ 102 A. Statutory Basis for Antitrust Offenses ........... 102 B. Judicial Construction of Antitrust Laws ......... 103 1. Monopolization and attempted monopolization: section 2 offenses ........................ 103 2. Combinations or contracts in restraint of trade: section...

De Facto Detrebling: the Rush to Settlement in Antitrust Class Action Litigation

Antitrust law provides that successful private plaintiffs are entitled to treble damages. Despite this, in antitrust class action litigation, courts have subtly dismantled the treble damage regime by manipulating the standard for reviewing proposed settlements. Federal law requires judicial approval of class action settlements in order to ensure that the class members’ interests are adequately ...