Archives: Antitrust

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Prologue Part 2: The Antitrust Law of Foreign-Based Transactions Before Passage of the FTAIA

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 More Circuits Affirm Antitrust Dismissals Against Government Entities

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

Does It Matter If Your Antitrust Judge Has Been Trained in Economics?

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

Ninth Circuit Tosses Antitrust Claim Against State Agency Accused of Price-Fixing

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