Carl Hittinger discusses recent antitrust litigation in a price-fixing class action suit against universities, and finds that the Sherman Act is broad, and its exemptions narrow, such that it applies similarly in the educational as in the business setting.
Carl Hittinger (LAW ’79, BA ’76) of BakerHostetler co-authored an article with Tyson Herrold discussing the history of baseball’s antitrust exemption and whether this judicially ordained exemption may be overturned by the current Supreme Court.
Nathan J. Larkin (LAW ’20) of Cozen O’Connor co-authored an article with Stephen A. Miller discussing the DOJ’s market collusion crackdown of no-poach and wage-fixing agreements between competitors, as showcased in United States v. DaVita Inc.
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) in 2016 published Antitrust Guidance for Human Resource Professionals warning of criminal remedies for those participating in illegal no-poach agreements. Recently, the DOJ and FTC made good on that promise by filing the first public criminal indictment alleging a conspiracy between companies in which they agreed not to poach each other’s employees. The DOJ and FTC warned they could take such actions when “naked” wage-fixing and no-poach agreements were per se illegal violations under the antitrust laws.
Third Circuit Judge Dolores K. Sloviter retired in 2016, leaving behind a remarkable legacy. As a member of the bench for nearly 40 years, Judge Sloviter’s contribution to the Third Circuit’s jurisprudence bridges the expanse of the Court’s jurisdiction. Ranking these contributions would prove difficult. At the top of any list, however, would be Judge