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Antitrust News & Notes
May 2010

Antitrust News & Notes is a periodic report concerning recent developments, issues, and matters of interest in antitrust law and competition policy. To access your copy of the most current issue, follow this link.

In this issue:

  • Supreme Court Subjects the NFL and Other Joint Ventures to Sherman Act Scrutiny
    On May 24, 2010, the United States Supreme Court ruled 9-0 that the National Football League, as well as other joint ventures and competitive collaborations, are not immune from Section 1 of the Sherman Act. Reversing the Seventh Circuit’s controversial decision to the contrary, the Supreme Court held that the antitrust claims brought by American Needle, Inc., were not barred at the outset because the 32 NFL teams are independent decision makers rather than a single entity, as the NFL claimed, and remanded the case to the lower court to determine whether the League's intellectual property licensing practices harmed competition under the rule of reason. 

  • Federal Trade Commission and the Department of Justice Issue Revised Horizontal Merger Guidelines for Public Comment
    In this article, we summarize the key features of the newly issued draft Department of Justice and Federal Trade Commission horizontal merger guidelines. The agencies explain that Proposed Guidelines more accurately reflect current agency enforcement practice than the existing horizontal merger guidelines (issued in 1992 and revised in 1997) and the latest economic analysis. The agencies are providing an opportunity for public comment until June 4, 2010.

For more information on these, or any other antitrust topics, please contact editor Billy Vigdor or
e-mail one of our Antitrust practice contacts. Visit our website to learn more about V&E's Antitrust practice.


This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.

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