Tag: Competition

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Filtering by content type: Amicus Brief

Brief of the Federal Trade Commission in support of neither party, stating the proposition that market definition is a tool to help assess the likelihood of anticompetitive harm from the particular challenged conduct at issue.
Brief of the United States Department of Justice and the Federal Trade Commission supporting the district court’s ruling to dismiss plaintiff’s antitrust complaint on state-action grounds. Brief states that, if the Court addresses the active supervision component of the Georgia Board...
Brief of the United States Department of Justice and the Federal Trade Commission supporting the district court’s state-action ruling. Brief states that, if the Court addresses the active supervision component of the state-action defense, the Court should affirm the district court’s...
The Department of Justice, joined by the Commission, advocated to the Rhode Island Supreme Court that the business of real estate closings should not be deemed the practice of law, and thus able to be performed exclusively by lawyers, but should be open to all qualified providers. We...
Brief of the Federal Trade Commission urging the District of New Jersey to reject argument that Hatch-Waxman patent infringement suits are categorically exempt from antitrust scrutiny as potential sham litigation, because the argument is contrary to the statutory text and case law...
This amicus brief, filed jointly with the Department of Justice, addresses the scope of the Noerr-Pennington doctrine and argues that the doctrine does not exempt from antitrust scrutiny the unlawful acquisition of patents, even if the patents are later enforced through protected...
Brief of the United States (Department of Justice and the Federal Trade Commission), to reverse the court of appeals decision. This amicus brief argues that the appellate court misapplied the rule established in Illinois Brick Co. v. Illinois, 431 U.S 720 (1977), that indirect...
Brief of the United States (Department of Justice and the Federal Trade Commission), in support of the court of appeals decision. This amicus brief argues that a district court decision denying a motion to dismiss on state action grounds is not immediately appealable under the...
Brief of the United States Department of Justice and the Federal Trade Commission, urging the Ninth Circuit to reject application of the state action doctrine to this case because the "clear articulation" requirement is not satisfied.
Brief of the Federal Trade Commission as amicus curiae, taking no position on the merits of the case, but explaining that the district court erroneously dismissed the complaint on Noerr-Pennington antitrust exemption grounds.
Brief For the United States (Department of Justice and Federal Trade Commission) As Amicus Curiae Supporting Respondents, Arguing That Respondents' United States District Court Complaints Adequately Allege That the Access Fee Rules Imposed by Visa and MasterCard - Governing the Fees...
Brief of the Federal Trade Commission in support of a petition for rehearing and rehearing en banc and urging the court to clarify or amend its September 28, 2016, decision in the case. The brief urges the court to (1) clarify the decision so it cannot be read to limit the kinds of...
Brief of the United States Department of Justice and the Federal Trade Commission as amici curiae, urging the Fifth Circuit to dismiss the appeal for lack of jurisdiction or, if the Court finds jurisdiction, to reject application of the state action doctrine to this case because the “...
Brief of the Federal Trade Commission arguing that the district court committed multiple legal errors that should be corrected on appeal. The district court erroneously concluded that a reverse-payment settlement that allowed the underlying patent litigation to continue, while the...
Brief of the Federal Trade Commission arguing that the district court committed legal error by conflating two distinct analyses under antitrust law:  the existence of an antitrust violation, which requires a general showing of harm to the competitive process, and the question of...
Brief of the Federal Trade Commission urging the Third Circuit to reject the district court’s holding that an alleged reverse-payment settlement agreement between a brand-name drug company and a generic drug company was shielded from antitrust scrutiny because they submitted it in...
Brief of the Federal Trade Commission urging the Seventh Circuit to reverse the district court’s holding that the mere sale of large-sized packages to one merchant but not another could violate Section 2(e) of the Robinson-Patman Act. Section 2(e) forbids sellers from providing...
Brief of the Federal Trade Commission urging the Third Circuit to reverse the district court’s summary judgment ruling, which held (1) that a brand-name drug manufacturer lacked monopoly power and (2) that product hopping almost never constitutes exclusionary conduct in any event. The...
Brief of the Consumer Financial Protection Bureau and the Federal Trade Commission in support of Appellee. This case involves the application of a provision of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692(e), to debt-collection law firms that mass-file collection lawsuits...
Brief of the Federal Trade Commission As Amicus Curiae In Support of Plaintiffs-Appellants before the U.S. Court of Appeals for the First Circuit addressing the applicability of the rule of reason under the antitrust laws to patent litigation settlements.  The brief points out that in...

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