Archives: Antitrust Exemptions & Immunities

Subscribe to Antitrust Exemptions & Immunities RSS Feed

Antitrust Implications Loom Large in PGA Tour-LIV Golf Merger

Photo of Alyse StachBy Alyse Stach on Posted in Antitrust Exemptions & Immunities
By Alyse F. Stach[1] In August, we wrote about whether antitrust liability might be in the PGA Tour’s future through a reported DOJ Antitrust Division investigation about the PGA Tour’s actions relating to LIV Golf and about PGA Tour bylaws governing players’ participation in other golf events. Now, the same speculation exists around the surprise … Continue Reading

Yer Out (For Now): MLB Dismissed from Antitrust Lawsuit Because of Historic Antitrust Exemption

Photo of Julian PerlmanBy Julian Perlman on Posted in Antitrust Exemptions & Immunities
In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost on the eve of the World Series, this decision (now under appeal) will surely keep the MLB’s … Continue Reading

PGA Tour Wins First Round in Antitrust Legal Fight with Players

Photo of BakerHostetlerPhoto of Alyse StachBy BakerHostetler and Alyse Stach on Posted in Antitrust Exemptions & Immunities, Sports
On August 9, 2022, a federal judge hearing the antitrust lawsuit filed by 11 professional golf players against the PGA Tour ruled against three of the players who had sought a temporary restraining order. The order, if granted, would have allowed those three players who had qualified for the PGA Tour’s playoffs to play in … Continue Reading

Is Antitrust Liability in the Future for the PGA Tour, and Beyond?

Photo of BakerHostetlerPhoto of Alyse StachBy BakerHostetler and Alyse Stach on Posted in Antitrust Exemptions & Immunities, Sports
On August 3, 2022, 11 professional golfers, led by Phil Mickelson, filed an antitrust complaint in the Northern District of California against the PGA Tour for the actions it took against the golfers – including suspension from PGA Tour events – for their participation in events for the new Saudi-backed LIV Golf Invitational Series (LIV … Continue Reading

How to Avoid Antitrust Trouble in Wake of North Carolina Dental Ruling on State Action Immunity

Photo of BakerHostetlerBy BakerHostetler on Posted in Antitrust Exemptions & Immunities, Articles, BakerHostetler
BakerHostetler Antitrust Litigation Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article for The Antitrust Review of the Americas 2016, published by Global Competition Review. The article, headlined “United States: Private Antitrust Litigation,” analyzes emerging cases in the wake of North Carolina State Board of Dental Examiners v. Federal Trade Commission. These cases, … Continue Reading

Ruling on Economic Favoritism Puts ‘NC Dental’ Back in Spotlight

Photo of Carl HittingerBy Carl Hittinger and Mitchell Oates on Posted in Antitrust Exemptions & Immunities, Antitrust Litigation
In a recent opinion, a divided panel of the U.S. Court of Appeals for the Second Circuit ruled that an economic regulation passed by a state agency solely to protect one group from competition would not violate the constitutional guarantees of due process or equal protection. The court noted that such action might still violate … Continue Reading

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

By Jonathan Lewis on Posted in Antitrust Exemptions & Immunities, Antitrust Litigation, Sherman Act 1
Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards Earlier this month a Texas federal district court judge granted a motion by Teladoc, Inc. (Teladoc) for a preliminary injunction enjoining the Texas Medical Board (TMB) “from taking any action to implement, enact, … Continue Reading

BakerHostetler Lawyers Publish Chapter on Exemptions and Immunities in Antitrust Litigation

Photo of BakerHostetlerBy BakerHostetler on Posted in Antitrust Exemptions & Immunities, Antitrust Litigation, Articles, BakerHostetler
The 2015 Antitrust Review of the Americas features a chapter, “‘United States: Private Antitrust Litigation,” authored by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Partner and Editor of Antitrust Advocate Danyll W. Foix.  They wrote: “US law is littered with dozens of immunities and exemptions that limit or preclude the … Continue Reading

Mushroom Court Ruling Sprouts Controversy on Whether Reliance on Lawyer Advice Maintains Affirmative Defense to Antitrust Claims

Photo of Danyll FoixBy Danyll Foix on Posted in Agriculture, Antitrust Exemptions & Immunities, Antitrust Litigation
A federal district court recently ruled that claims of “good faith reliance on counsel” were not sufficient to maintain a Capper-Volstead affirmative defense to the antitrust laws – a result that may soon collide with rulings by other courts considering the same issue. Several years ago, a Pennsylvania mushroom cooperative, its members, and various other … Continue Reading

NY Governor Signs “Unprecedented” Legislation Allowing Public Healthcare Provider “a Blank Check to Engage in a Huge Swath of Anticompetitive Activities with No Oversight” – Will Other States Follow?

By Jonathan Lewis and Lee Simowitz on Posted in Antitrust Exemptions & Immunities, Healthcare, Legislation
Despite vocal opposition from New York Attorney General Schneiderman’s office, New York Governor Cuomo signed legislation this week authorizing Nassau Health Care Corporation (“NuHealth”) – a public healthcare provider that operates a hospital, skilled nursing facility, and several community health centers in Nassau County, New York – to “engage in arrangements, contracts, information sharing, and … Continue Reading

Recent Decisions Provide Guidance for Litigating Capper-Volstead Cases

Photo of Danyll FoixBy Danyll Foix on Posted in Antitrust Exemptions & Immunities, Antitrust Litigation, BakerHostetler, Class Action Litigation, Discovery, Sherman Act 1
BakerHostetler’s Danyll W. Foix examines recent litigation decisions regarding Capper-Volstead Act in ABA publication. Capper-Volstead has been squarely raised in recent litigation involving mushrooms, milk, eggs, potatoes, cattle, and other agricultural products.  In addition to addressing the substance of Capper-Volstead, decisions in these cases have considered a number of procedural and practical issues that arise in … Continue Reading
LexBlog