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Author: Kevin Nomura

U.S. v. Apple: Was the Second Circuit Wrong in a Novel Antitrust Case?

Posted on February 19, 2016 by Kevin Nomura

On June 30, 2015, the U.S. Court of Appeals for the Second Circuit ruled that Apple Inc. had violated the Sherman Antitrust Act by conspiring to fix prices for e-books with the six largest U.S. publishers.1 The case was, at heart, a question of “whether the vertical organizer of a horizontal conspiracy” to fix prices…

How Was United Launch Alliance Not a Clayton Act Violation?

Posted on October 13, 2015 by Kevin Nomura

On May 2, 2005, The Boeing Company and the Lockheed Martin Corporation announced the incipient creation of a joint venture called United Launch Alliance (ULA).1 The joint venture was intended to provide more reliable launch services (the use of a rocket to place spacecraft into or beyond Earth orbit) to the US government, to “support…

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