Antitrust

Pixar & Lucasfilm settle employee antitrust litigation – Competition News, Features and Reviews – GCR – Global Competition Review

Pixar & Lucasfilm settle employee antitrust litigation – Competition News, Features and Reviews – GCR – Global Competition Review.

Apple To Appeal Ruling It Fixed E-Book Prices | Minnesota Public Radio News

Apple To Appeal Ruling It Fixed E-Book Prices | Minnesota Public Radio News.

The Shifting Sands of Resale Price Maintenance in 2012

On July 26th Bill Baer testified before the Senate Judiciary Committee, which was considering his nomination to become the DOJ’s chief antitrust enforcer. Bill is highly respected and well qualified to be Assistant Attorney General for Antitrust, so the hearings went well. But in otherwise unremarkable remarks, he staked out a position on resale price maintenance (“RPM”) that sent tremors…read more →

Channel Conflict is an Antitrust Problem. Is it Inevitable?

Yes, probably– if you’re among the majority of traditional suppliers who rely on resellers to penetrate and expand their markets. The good news is that there are various ways to minimize channel conflict without wholesale restructuring. (Sorry, couldn’t resist).  Let’s consider the situation. Our Hypothetical: “Joe’s Organic Weather Compiler, “JOWCO,” sells cute little techie modules (“LTMs”) that consumers wear on…read more →

Just a Quick Antitrust Question. . . .

Antitrust lawyers quake at that opening gambit, whether from a fellow attorney or a client. My now-habitual response: “There’s no such thing!” OK, that’s a bit harsh. Of course there are some quick questions. For example, “Is price fixing a criminal offense?” Or: “What is the Rule of Reason, anyway?” But we never get questions like that, because good business…read more →

“Troll Wars”: Words Matter

Google is reported this week to have filed a complaint with the European Commission for collusion by Nokia and Microsoft to use patent “trolls” to cause an increase in the cost of mobile phones by consumers.  See http://online.wsj.com/article/SB10001424052702304821304577438740232322350.html?KEYWORDS=google+trolls I don’t like the word “trolls” when applied to IP.  My friend Peter Detkin, who if memory serves introduced the term in testimony…read more →

Antitrust Lawyers Have a Billing Problem

I know,  you’re thinking it’s clients, not lawyers, who have the problem.  But we’re both right. Consider antitrust:  A simple one word topic, like “will” or “license” or “negligence.”  But do you know that the ABA’s Antitrust Section has now 43 separate committees?  Check for yourself in my “Antitrust Resources” link.   Granted, not all those committees deal with substantive…read more →

What’s Causing the New Interest in MAP Resale Price Programs by Tech Companies?

We have all seen companies like Gucci, Tiffany, Apple and Bose merrily selling their goods free of any taint of discounting—and wondered how it is that they are able to do that. After all, from the viewpoint of most consumers, sales and discounts are a way of life, especially in tougher economic times. How can these popular brands go on,…read more →

Time is Money, Redux

One month during the last century, I rather presumptuously opined that “Bill Gates needs to get a life.” In a monthly message as President of the local bar association, I took note of reports that Gates’ number 2, Steve Ballmer, had audited Bill’s last-year calendars to point out where his time was not best spent. It was safe to guess,…read more →