3 Antitrust Precedents Ripe For Overturning

Law360, New York (July 15, 2015, 4:07 PM EDT) -- On June 22, 2015, the U.S. Supreme Court in Kimble v. Marvel Entertainment LLC declined on stare decisis grounds to overturn a criticized intellectual property precedent on royalty payments. In both the majority and dissenting opinions, the justices said that their respect for precedent would have been less had it been one interpreting the Sherman Antitrust Act. These comments prompt the question: Which old and criticized antitrust precedent might be subject to reversal?

Kimble had a patent on a device that allowed a user to shoot webs — really, just pressurized foam string — from the palm of his hand. Kimble...

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