Annual Review of Antitrust Law Developments

For over 30 years, Antitrust Law Developments and its annual supplements have been recognized as the most authoritative and comprehensive research tools for practitioners. The 2003 Annual Review of Antitrust Law Developments describes developments in the courts and at the agencies in 2003 and early 2004, including: The Supreme Court's decision in Trinko and its impact on the antitrust treatment of refusals to deal and the "essential facilities" doctrine. Decisions of the courts of appeal, including the conflicting rulings of the Sixth and Ninth Circuits in private actions challenging pharmaceutical patent settlements, the Third Circuit's en banc decision in LePage's addressing the legality of bundled discounts, the Tenth Circuit's rejection of the DOJ's predatory pricing claims in American Airlines, the Second Circuit's affirmance of DOJ's challenge to the membership rules of Visa and Mastercard, and the Fifth Circuit's decision addressing the statute of limitations in criminal antitrust cases. The federal enforcement agencies' activity in the merger area, including the post-closing challenge in Chicago Bridge & Iron and the Gemstar/TV Guide gun-jumping case.
FTC and DOJ civil non-merger enforcement, including the DOJ closing of its investigation of Orbitz and the Commission's decisions in the Three Tenors case and Schering-Plough, as well as an FTC ALJ's rejection of the Commission's standard-setting misconduct case against Unocal. The FTC's Do-Not-Call rule and the legal challenges to the rule.