New Antitrust Bills Highlight Continued Big Tech Scrutiny

2021 has been a busy year for antitrust legislation.  On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”).1 On April 19, 2021, Senator Josh Hawley (R-MO) unveiled the Trust-Busting for the Twenty-First Century Act (“Hawley Bill”).2  And, on June 14, 2021, Senators Mike Lee (R-UT) and Chuck Grassley (R-IA) introduced the Tougher Enforcement Against Monopolies Act (“TEAM Act”).3  In addition […]

By | June 28th, 2021 ||

Supreme Court Issues Highly Anticipated Decision In NCAA Antitrust Suit

The Supreme Court on Monday unanimously ruled that the National Collegiate Athletic Association (NCAA) rules restricting student-athletes educational benefits are not entitled to deference under the antitrust laws and are subject to antitrust scrutiny under a “rule-of-reason” analysis. The Court upheld the trial court injunction against NCAA rules limiting the education-related benefits schools may offer student-athletes-such as rules that prohibit schools from offering graduate or vocational school scholarships. Justice Brett Kavanaugh’s concurrence cautioned that […]

By | June 15th, 2021 ||

DOJ Antitrust Letter Charts Path To Higher Ed IP Collaboration

The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the U.S. Justice Department.

In particular, patent holders have sought guidance from antitrust enforcers on issues relating to standard-essential patents, or SEPs, non-SEPs, patent pools and patent licensing.

Earlier this year, a collaboration of 15 private and public universities1 sought specific guidance from the DOJ with regard to […]

By | June 11th, 2021 ||