Tag Archives: Sherman Act

Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal

By Tyson Herrold on June 1, 2023 Posted in DOJ

Magnet is trying to snatch a key irreplaceable employee from the team. Violation of the integrity of the team. Loss of morale. Intervention in the internal affairs. Find spy intruder. Luring

The Department of Justice (DOJ) continues to pursue no-poach agreements as criminal conduct despite yet another recent defeat, this time in United States v. Patel. In Patel, the DOJ alleged that employees of an aerospace company and outsourcing competitors conspired to restrict the hiring and recruiting of aerospace engineers and other employees in violation of … Continue Reading

Federal Trade Commission’s Historic Attempt to Drive a Mack Truck Through the Sherman Act

By Carl Hittinger, Jeffry Duffy, Tyson Herrold and Justin Kadoura on November 21, 2022 Posted in Alert

Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC Act and that do not independently violate the Sherman, Clayton or Robinson-Patman acts. Although the FTC’s … Continue Reading

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

By BakerHostetler, Carl Hittinger, Tyson Herrold and Nicholas Rose on September 14, 2022 Posted in Class Action Litigation

Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the Northern District of Illinois is notable because it held that the “568 Exemption,” on which many … Continue Reading

Baseball’s Antitrust Exemption Marks Its 100th Anniversary with a New Challenge

By Carl Hittinger and Tyson Herrold on August 1, 2022 Posted in Antitrust Litigation

For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league staff. In exchange, major league teams receive a share of minor league revenue and access to budding talent. The year … Continue Reading

Caught Between a Rock and a Hard Place: The Second Circuit to Decide Appeal From Cartel Defendants Who Argued Compliance With Chinese Law Resulted in Sherman Act Violations

By Torello Calvani on March 28, 2016 Posted in Antitrust Litigation, Sherman Act 1

On January 28, 2016, the United States Court of Appeals for the Second Circuit heard arguments on whether the doctrines of act of state, foreign sovereign compulsion, and international comity required the reversal of a jury’s verdict against two Chinese companies that were found liable for violating Section 1 of the Sherman Act. The plaintiffs … Continue Reading

FTC Failure to Adopt Section 5 Guidelines Still Hot-Button Issue

By Carl Hittinger and Mitchell Oates on June 8, 2015 Posted in Antitrust Litigation, Sherman Act 5

Section 5 of the FTC Act gives the Federal Trade Commission the authority to take action against “unfair methods of competition.” The act was enacted over 100 years ago, and its legislative history indicates that it was left to the FTC to provide specific content to this broad and general language. However, there is still … Continue Reading