Recently by Irving Scher
Supreme Court Holds That Antitrust Conspiracy Complaint Must Be Based On Factual Allegations Beyond Mere Speculation
In a decision important to the business community, the Supreme Court has made it more difficult for antitrust (and perhaps other) plaintiffs to avoid dismissal of conspiracy claims based on conclusory allegations. On May 21, the Court, by a 7-2 vote, reversed a decision by the Second Circuit Court...
Read MoreAntitrust In Distribution - Tying, Bundling And Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part II
Editor's Note: This panel captures some of the high points of presentations of the interviewees at a seminar held on March 2 as part of an Antitrust Seminar Series sponsored by Weil Gotshal & Manges LLP. Part I of these interviews (including Mr. Weinschel's comments on tying, bundling and...
Read MoreAntitrust In Distribution - Tying, Bundling and Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part I
Editor: Alan, please describe the elements of a per se "tying" violation under the Sherman Act. Weinschel: The first element is that there must be two separate products. The second element is proof that there was a forced sale, i.e., the sale of one product is conditioned on the purchaser also...
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