Antitrust 101

"Tying" up with the fantastic episode about Ozzy Osbourne for the upcoming American Bar Association's Antitrust Law Section Trust and Trade Podcast, today's episode covers the famous Jefferson Parish case which slides tying toward Rule of Reason.

This grab bag of antitrust immunities is a perfect case to help fill out what listeners have learned from Parker v. Brown, Noerr, and others.  Join host Gwendolyn Lindsay Cooley and Isabella Pitt as we talk about this important issue and Queen Elizabeth I's playing card monopoly.

How do you properly define a geographic market in a hospital merger?  Is this question drier than fruitcake?  Join host Gwendolyn Lindsay Cooley and guest Jen Foley as they discuss Federal Trade Commission and State of Illinois v. Advocate Health Care Network, 841 F.3d 460 (7th Cir. 2016).

What is protected petitioning conduct and what is just a plain old conspiracy?  Join host Gwendolyn Lindsay Cooley and Columbia Law Student Ludovica Barba for a discussion of both the Noerr and Pennington cases.

Why would a manufacturer agree to close off a promising business line?  Sometimes it's because there is a hub and spoke conspiracy afoot.  Join host Gwendolyn Lindsay Cooley and Jeff Dan Herrerra for a discussion about Barbies, Power Rangers, and other diversions.

Why don't you ever hear about predatory pricing cases anymore?  Join host Gwendolyn Lindsay Cooley and Vermont Law Student and student contest runner up Julia Wickham for a discussion about pricing below defendants costs, recoupment, and the impossibility of proving these elements.

What is the difference between actual potential competition or perceived potential competition?  Join host Gwendolyn Lindsay Cooley and guests Katherine Krems and Victoria Field for an episode about this tongue twisting antitrust doctrine.

Can the NFL work together on apparel licensure or does that violate the antitrust laws?  Join host Gwendolyn Lindsay Cooley and Antitrust 101 Student Contest Winner Lucas Hayes, a 2L at BYU, for this discussion about when a joint venture is coordinated v. independent economic action.

Can a company conspire with itself?  Join host Gwendolyn Lindsay Cooley in the new semester of Antitrust 101 as she and Andrea Terreones of Loyola Law School in Los Angeles, runner-up in the law student contest, discuss Copperweld v. Independence Tube Corp., 467 US 752 (1984).

Why is Civil Procedure the most important antitrust class you can take?  Join host Gwendolyn Lindsay Cooley as she shares her top tips for new lawyers and law students in this holiday special.

Are there bright line rules in antitrust- even about price fixing?Join host Gwendolyn Lindsay Cooley and frequent contributor Matt Michaloski for their in-depth discussion about the various ways courts analyze price fixing cases.

Can you have market power in the aftermarket even if you don't have market power in the original market? That's Eastman Kodak v. Image Technical Services, 504 US 451 (1992), as we hear from host Gwendolyn Lindsay Cooley and guest Zach Biesanz, Minnesota Senior Enforcement Counsel.

This case is a big deal and is top of mind for many current tech cases. Host Gwendolyn Lindsay Cooley welcomes special guest Jon Sallet, Colorado Special Assistant Attorney General, to discuss this pivotal tech decision and its holdings on tying, foreclosure, and causation.

What is the difference between the Brown Shoe Factors and the Brown Shoe Practical Indicia? Come find out on Antitrust 101 with host Gwendolyn Lindsay Cooley and special guest Shaoul Sussman.

What's one key difference between state and federal antitrust law? Indirect purchaser authority. Join host Gwendolyn Lindsay Cooley as she discusses Illinois Brick and Hanover Shoe and the evolution of "pass on" theories.

Cheers, listeners!  Join host Gwendolyn Lindsay Cooley and her guests Katherine Krems from the Massachusetts Attorney General’s Office and Victoria Field of the Connecticut Attorney General’s Office as they discuss US v. Pabst Brewing Company, 384 US 546 (1966).  This decision has everything: consolidated beer markets, dystopian fantasies, and foreshadowing to the 2023 Merger Guidelines Number 7. 

When is a requirements contract a violation of Clayton Act §3?  Not this time!  Join host Gwendolyn Lindsay Cooley and Utah Assistant Attorney General Matt Michaloski as they dig for the seams of this coal case.

What are the origins of the Rule of Reason?  This is one of the cases that created full employment for the antitrust bar.  Join host Gwendolyn Lindsay Cooley and student contest winner Johannes Alvarez-Rivero for their insights on why after-market bid restrictions are one of the first to be booted out from under the Sherman Act for their reasonableness.

How far would you go to get some elderflower liqueur? Join host Gwendolyn Lindsay Cooley and guest Nic Stebinger to learn a bit about price discrimination, why it’s illegal, and just enough to kind of know what you are talking about at cocktail parties.  Cheers to the end of summer school!

Ignore the States at your peril, merging parties! Join host Gwendolyn Lindsay Cooley and her guest, Elizabeth Maxeiner, Illinois Attorney General’s Office Antitrust Chief, as they discuss this Supreme Court case that enshrines the divestiture remedy in private enforcement actions.

Is State Antitrust Enforcement really the supreme antitrust enforcement? It’s certainly the oldest. Join host Gwendolyn Lindsay Cooley and special guest Washington Assistant Attorney General Rachel Lumen as they discuss the Supreme Court’s decision about indirect purchaser authority in California v. Arc America.

Come join Commissioner Mark Meador and host Gwendolyn Lindsay Cooley for a wide-ranging conversation about antitrust as a Conservative project, the revival of early termination, and the future of antitrust enforcement in the Trump Administration.

Is Article 102 the twin or the younger sibling of Sherman Act §2?  Join Gwendolyn Lindsay Cooley and her special guest, Ori Schwartz, the OECD’s Head of Competition Division as they take a summer vacation to Europe and talk about the ways that these siblings get along in today’s world. 

There are a lot of opinions about Humphrey’s Executor, but what is the case actually about?  Join host Gwendolyn Lindsay Cooley and former Federal Trade Commission Chairman Maureen Ohlhausen as they discuss what the Supreme Court said about firing Federal Trade Commissioners.

Want a quick overview of the Clayton Act?  Join host Gwendolyn Lindsay Cooley and her guest, Matt Michaloski for a light summer lemonade version of the statute’s history and its major provisions.

Was this the beginning of the end of stare decisis?  Join host Gwendolyn Lindsay Cooley and New York Assistant Attorneys General Bob Hubbard and Isabella Pitt for a discussion about the game-changing Leegin RPM decision.

How do we know what makes an antitrust case, a criminal antitrust case?  US Gypsum lays out the standard and makes us grateful for air conditioning.  Join host Gwendolyn Lindsay Cooley and guests Kevin Hart and Jimmy Attridge as they cheerfully discuss this important criminal antitrust case.

Host Gwendolyn Lindsay Cooley is joined by Debbie Feinstein of Arnold and Porter to discuss this important DC Court of Appeals case that articulates the burden-shifting framework.  You can read it for yourself in US v. Baker Hughes, 908 F.2d 981 (1990).

Why is an old RPM case a case you need to know?  Join host Gwendolyn Lindsay Cooley and Stacie Lambert DeBlieux for a tete a tete about meetings of the mind.

You’ve read the Amex decision, and now let us help you try to understand it.  Join host Gwendolyn Lindsay Cooley and guests Florida Assistant Attorney General Chris Knight and David B. Schwartz of Bryan Cave Leighton Paisner LLP discuss what is accepted and what is controversial about this Supreme Court decision on two-sided markets.

What is the difference between harm to competition and harm to a competitor?  In Brunswick v. Pueblo Bowl-O-Mat, 429 US 477 (1977), the Court gives us an answer.  Join host Gwendolyn Lindsay Cooley and University of Wisconsin Law Students Erin Lyman and Steven Meyer as they discuss Brunswick’s rollup and whether Pueblo Bowl O Mat can get damages for its competitor keeping bowling alleys on the market.

This foundational case is a state antitrust practice basic: why States plead things the way they do.  Host Gwendolyn Lindsay Cooley is joined by Quinnipiac School of Law students Rose Levine and Benjamin Milano to discuss harm to a state’s general economy and what that does for proving standing and injury.

News Flash: Courts do not always agree.  Two courts, the Maryland District Court and the Third Circuit were presented with the same facts and came to opposite legal conclusions.  Join host Gwendolyn Lindsay Cooley and Maryland AAG Byron Warren as they unpick the facts and law of the parallel pricing allegations on summary judgment in two courts: In re Titanium Dioxide (D. Maryland) and Valspar v. EI Dupont de Nemours (3d Cir.).

When are State Boards immune from antitrust liability? Join Antitrust 101 host Gwendolyn Lindsay Cooley and FTC Bureau of Competition Deputy Director Rahul Rao as they discuss NC Dental, the FTC Act and FTC Procedure, and where to get your teeth whitened.

In this doubleheader about foundational State Action cases, MA AAG Katherine Krems and CT AAG Victoria Field join Gwendolyn Lindsay Cooley as they discuss the State Action, the two prong test, and the Court’s caution about gauzy cloaks of state involvement. Parker v. Brown, 317 US 341 (1943), and California Retail Liquor Dealers Assn v. Midcal Aluminum, 445 US 97 (1980)

Need a brief introduction to the Sherman Act?  Join us on today’s episode of Antitrust 101 Demystified: the Sherman Act.  I will give you a quick tip and some insights on the Sherman Act and where you can see it in the wild.  Designed for beginners, the Demystified series will provide the very basics of the foundational statutes and concepts that are the subject of the cases we read in Antitrust 101. 

Take a “Quick Look” at this episode about a famous almost group boycott of an insurance company and what the Supreme Court thought about that.  Host Gwendolyn Lindsay Cooley is joined by UT AAG Matt Michaloski for some insights about non-price horizontal restraints, group boycotts, and of course, the Quick Look rule of reason.

When is there an antitrust duty to deal with rivals and is all hope lost for plaintiffs on this issue? Join Gwendolyn Lindsay Cooley and Koren Wong Ervin as they discuss this decision, the various views on it, and where it fits in the broader landscape of the duty to deal with rivals.

Have you ever actually read Grinnell? Cited in almost every antitrust case for its articulation of the elusive §2 monopolization standard, this complicated conspiracy/monopolization case is worth a deeper look! Host Gwendolyn Lindsay Cooley is joined by Utah Assistant Attorney General Matt Michaloski as they unravel this intricate case and examine its take on market definition and remedies, as well as that most important bon mot about wilful acquisition or maintenance of power and from what it should be distinguished.

What is the cellophane fallacy? Is it more than just the fallacy of thinking you can use aluminum foil to do all of the jobs of cellophane (don’t try that at home!) Host Gwendolyn Lindsay Cooley is joined by Connecticut Assistant Attorney General Victoria Field and Massachusetts Assistant Attorney General Katherine Krems as they dive into market definition and substitution analysis and why it may not be enough to just use cross elasticities of demand.

What is Antitrust 101 all about? Join Gwendolyn and her special guests as we take a deep dive into the facts and law of the cases that matter most in antitrust. Come join us as we get back to basics in Antitrust 101!