Today, we’re resuming our series on the antitrust law of transactions taking place on foreign soil. This post completes our review of the antitrust law of foreign transactions prior to the passage of the Foreign Trade Antitrust Improvement Act. First, a ground rule that I should have clarified earlier – our purpose here is a … Continue Reading
Today, we’re continuing the prologue of our tour through the law of the Foreign Trade Antitrust Improvement Act, surveying the antitrust law of foreign-based transactions in the years leading up to enactment of the FTAIA. In our first installment, we reviewed the Supreme Court’s decision in American Banana Co. v. United Fruit Company, 213 U.S. … Continue Reading
Two weeks ago, we announced a new biweekly series on the law of the Foreign Trade Antitrust Improvement Act. Before we embark on our survey of the cases since passage of the FTAIA, let’s spend a few weeks reviewing the slate upon which Congress was writing when they passed the FTAIA – what was the … Continue Reading
It’s been a busy summer at the Circuits for decisions applying the antitrust state action immunity. First up, as we reported three weeks ago, was the Ninth Circuit’s affirmance of the dismissal in Shames v. California Travel and Tourism Commission, [pdf] in which the plaintiffs alleged the California Travel and Tourism Commission had colluded with the rental … Continue Reading
It’s no secret to those of us who’ve been defending antitrust cases for a number of years that economic expert witnesses are a more important part of the defense team than ever before. Triers of fact often must evaluate complex economic analyses of the competitive effect of sophisticated business strategies. According to Judge Richard Posner of the … Continue Reading
Can a government agency conspire to fix prices? When it comes to the California Travel and Tourism Commission, the Ninth Circuit says the answer is "no." Shames v. California Travel and Tourism Commission [pdf]. The CTTC consists of a dozen commissioners appointed by the Governor, and two dozen selected by the tourism industry. In 2006, the passenger rental … Continue Reading
