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