Archives: Antitrust & Intellectual Property

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NCAA’s legal woes: Antitrust challenges from student-athletes continue

By Jay L. Levine and Luke Fedlam on June 24, 2020

The NCAA’s legal challenges regarding a student athlete’s ability to financially benefit from their name, image and likeness has ramped up. The league was hit with another class action antitrust lawsuit last week. The lawsuit comes on the heels of a decision by the Ninth Circuit affirming a bench trial victory by student-athletes. In that … Continue Reading

Access to “data” – the new competitive battlefield

By Jay L. Levine and Porter Wright on September 1, 2017

Data is a buzzword popular in the media today. Most often we hear or read the word in conjunction with a breach of a major retailer or healthcare company. It is also used by companies to target us with behavioral advertising. But it also has become the new coin of the realm. Being neither a … Continue Reading

2016 antitrust developments: Foreshadowing 2017?

By Molly Crabtree on January 4, 2017

It’s that time of year again, when we reflect on what happened during the prior year and prepare for another one. Let’s take a moment to look at some trending antitrust topics from 2016, and take a stab at what we believe will be some of the hottest trending topics in antitrust law going forward. … Continue Reading

Introduction to Brazilian antitrust enforcement

By Jay L. Levine on August 18, 2016

Before the independence of CADE (the Administrative Council for Economic Defense), it could take months for Brazilian mergers to be approved. Jay talks to Brazilian competition attorney Andre Gilberto about how the Brazilian government improved the process for reviewing antitrust and merger cases, what crimes can be criminally prosecuted and merger control.… Continue Reading

Authors write the latest chapter in their ongoing saga with Amazon

By Darcy Jalandoni on February 2, 2016

The same group of authors, book publishers and booksellers that urged the Department of Justice (DOJ) to investigate Amazon for antitrust violations last summer recently voiced its support for Apple in its attempt to overturn the adverse verdict against it entered by a New York federal judge in connection with the DOJ’s civil prosecution of … Continue Reading

More insights into Amazon …

By Jay L. Levine on October 14, 2015

I recently spoke with Zosha Millman of LXBN for her recent post Is Amazon Opening Another Confusing Antitrust Door with Its New Sale Ban? As you can imagine, Amazon’s recent move to cease offering Apple or Google streaming devices has left many consumers a bit, shall we say “primed”. Check out Zosha’s article for more details… one … Continue Reading

The importance of the state action exemption on state licensing boards

By Jay L. Levine and Darcy Jalandoni on November 26, 2014

This podcast discusses the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental Examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright’s Antitrust Group, provide an overview of the state action … Continue Reading

‘Patent troll’ cannot “derail” FTC investigation

By Jay L. Levine and Allen Carter on October 6, 2014

Have to give them an “A” for effort. “Patent troll” MPHJ Technology Investments, LLC sued the FTC hoping to shut down its investigation into the company because the investigation violated MPHJ’s First Amendment rights to petition. A West Texas federal judge recently ruled that MPHJ could not “derail” the FTC investigation with such a claim. … Continue Reading

Can being ‘ethical’ land you in hot water with the Federal Trade Commission?

By Jared Klaus on August 25, 2014

If it’s written in your organization’s “code of ethics,” it’s ok, right? In a recent post I shared on the DRI blog, two FTC settlements hinged on a review of organizational codes of ethics to determine that very question. The FTC brought administrative actions against two national associations – the National Association of Residential Property Managers (NARPM) and … Continue Reading