Articles From Mildred L. Calhoun

The Antitrust Counselor: Can American Needle be reconciled with Dagher? By Mildred L. Calhoun September 2010 Four years ago the U.S. Supreme Court unanimously ruled in Texaco v. Dagher. Then in May of this year, in another unanimous opinion, the Supreme Court appears to have decided the exact opposite in American Needle v. National Football League.
The Antitrust Counselor: Robinson-Patman counseling after Feesers By Mildred L. Calhoun May 2010 The recent case of Feesers, Inc. v. Michael Foods, Inc. is a fascinating example of how the Act can create significant litigation issues for a business.
Chair’s Comment By Mildred L. Calhoun June 2009 A note from Section Chair Millie Calhoun.
Chair’s Comment By Mildred L. Calhoun March 2009 A message from Section Chair Millie Calhoun.
Chair’s Comment By Mildred L. Calhoun January 2009 A message from Section Chair Millie Calhoun.
Chair’s Comment By Mildred L. Calhoun September 2008 Antitrust law has undergone a lot of changes in the last few years.
The antitrust counselor: The Supreme Court reversed Dr. Miles: Now what? By Mildred L. Calhoun October 2007 The US Supreme Court recently overruled Dr. Miles Medical Co. v. John D. Park & Sons, holding that all vertical price restraints are to be analyzed under the Rule of Reason. In other words, instead of being per se illegal and presumed anticompetitive, all vertical price restraints are now analyzed for reasonableness and their effect on competition.
The Antitrust Counselor: Pre-closing conduct after Blumenthal’s speech By Mildred L. Calhoun April 2006 One of the most difficult antitrust counseling jobs is counseling merging competitors about their pre-closing conduct.
The Antitrust Counselor: Robinson Patman after Reeder-Simco By Mildred L. Calhoun December 2005 The Supreme Court appears to be coming to the rescue of counselors who are still bemused by the Eighth Circuit’s astonishing opinion in Reeder-Simco GMC, Inc. v. Volvo GM Heavy Truck Corp.
Merger enforcement after Arch Coal By Mildred L. Calhoun April 2005 This issue leads off with a look at developments in the area of merger enforcement actions in light of two recent federal court decisions: Federal Trade Commission v. Arch Coal, Inc. and United States v. Oracle Corp.
The Antitrust Counselor: Benchmarking By Mildred L. Calhoun October 2003 The impetus to benchmark waxes and wanes according to the current management theory in vogue at any given time, but regardless of management imperatives, benchmarking always requires significant antitrust scrutiny.
The antitrust counselor: Competitor communications regarding price By Mildred L. Calhoun December 2002 Probably the single most repeated piece of advice given by antitrust lawyers to their clients is to avoid communications with competitors regarding prices.

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