Application of per se rule to ex ante joint conduct
The recent decision from the United States District Court for the Eastern District of Texas is another example where joint ex ante standards conduct relating to IP was alleged to violate the antitrust laws, including under a per se theory. In this case, defendants' motion for summary judgment was denied, including on the ground that per se treatment might be appropriate. Even without the issue of whether the conduct should be considered under a per se or rule of reason approach, the fact is the case is now going to trial and will involve all of the costs and uncertainties that necessarily result.
<<show_case_doc.pdf>>
Richard S. Taffet, Esq.
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show_case_doc.pdf