This resource center contains articles and client alerts, written by members of the Antitrust group, on case law and regulatory developments that are of interest to both defendants and plaintiffs in high-stakes civil antitrust and competition law.  Our lawyers are also available to provide CLE presentations that address issues in the antitrust space.  Please contact one of the Antitrust partners if you would like to learn more.

December 4, 2018 “Antitrust Risk in Agreements Restricting Online Advertising”

In this Update, Jenner & Block Partner Amy M. Gallegos and Associate Michelle Peleg examine a recent Federal Trade Commission decision in In re 1-800 Contacts Inc. and discuss key takeaways for companies concerned about their competitors’ online advertising practices.  The impact of the FTC’s decision extends to “the very manner in which substantial parts of price competition will occur throughout consumer markets today and tomorrow.”  The authors indicate that “companies concerned about their competitors’ online advertising strategies would be well-served to carefully consider their response strategies in light of the 1-800 Contacts decision.”  The Update was first published by Law360.

CATEGORIES: Federal Trade Commission, Law360

October 12, 2018 “When a Blog Post Leads to Antitrust Liability"

In this article, Partner Julie Ann Shepard and Associate Daixi Xu discuss the potential risks companies may face when issuing statements about pending litigation.  They focus on a blog posted by the senior vice president, general counsel and chief compliance officer of Cisco on the day it initiated lawsuits in Arista Networks Inc. v. Cisco Systems Inc.

“During the course of the litigation, the Cisco officer continued to upload posts to his blogs discussing the parties’ dispute,” the authors said.  “In one instance, a Cisco salesperson sent a link of the blogs to a potential customer and shortly thereafter secured a sale.”  Arista then sued Cisco, alleging that Cisco violated antitrust and unfair competition laws, which Cisco moved for summary judgement on the basis that its statements are protected under the Noerr-Pennington doctrine.

CATEGORIES: blogs, First Amendment, Law360