Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored an article titled, “Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases” in ABA Antitrust Law Section’s Antitrust Magazine. The article discusses the complex intersection of state pricing regulation, the Sherman Antitrust Act and the U.S. Constitution’s Supremacy Clause. It explains at length why the
Read More Senior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust MagazineConsumer Pricing
CAVEAT VENDITOR!! The Second Prong of the Cigarette Rule is Alive and Well in Several “Little FTC Act” States
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Wiggin and Dana partners, Robert Langer and John Doroghazi along with Associate Amanda Brahm, have co-authored an important article regarding a key development concerning state consumer protection laws that affect both businesses as well as consumers.
Read More CAVEAT VENDITOR!! The Second Prong of the Cigarette Rule is Alive and Well in Several “Little FTC Act” StatesUnilateral Price Policies in the Contact Lens Industry: Can Manufacturers Be Forced to Sell to Every Retailer?
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It is a cardinal rule of antitrust that—absent very limited exceptions—parties can do business with, or refuse to do business with, whomever they choose. The Supreme Court solidified that premise in United States v. Colgate & Co.1 and has reiterated it time and again.2 Recent state legislation and lawsuits arising in the contact lens industry are threatening to dismantle that bedrock principle…
Read More Unilateral Price Policies in the Contact Lens Industry: Can Manufacturers Be Forced to Sell to Every Retailer?The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’
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Reproduced with permission from Antitrust & Trade Regulation Report, 101 ATRR 408, 09/30/2011. Copyright _ 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.
I. Introduction
The authority of the Federal Trade Commission (‘‘FTC” or ‘‘the Commission”) to prohibit ‘‘unfair or deceptive acts or practices” dates back to the Wheeler-Lea Amendment to the FTC Act in 1938.[1]
Since then, federal and state courts…
Read More The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’