Seismic Shifts In Antitrust Law

Law360 (September 20, 2007, 12:00 AM EDT) -- On September 4, 2007, the Second, Third, and Ninth Circuit Courts of Appeal each decided significant antitrust cases that provide substantial new guidance with regard to the limits of antitrust liability under Section 2 of the Sherman Act.

While conduct such as price-fixing and bid-rigging universally has been condemned for years as constituting per se violations of the antitrust laws, courts (and businesses, in turn) continue to struggle with determining whether unilateral conduct constitutes competition on the merits, thereby benefiting consumers, versus anti-competitive conduct that ultimately...
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