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Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore
Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore
University of Richmond Law Review
The antitrust laws are a minefield for the uninitiated. Indicative of this reality is the fact that there were no successful civil lawsuits alleging a violation of the antitrust laws brought in Virginia over the past year. A number of conspiracy, monopolization and price discrimination cases were attempted, but they all failed for a variety of reasons outlined in greater detail below. In contrast to the national trend, no antitrust cases with regard to health care were decided in Virginia during the past year. The absence of such cases represents a dramatic change from previous experience, which perhaps reflects the …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
University of Richmond Law Review
Virginia federal courts have shown a reluctance this past year to summarily dismiss plaintiffs' antitrust claims on Rule 12(b)(6) motions where there is no factual record. However, once a sufficient record has been established, the courts have continued their rigorous scrutiny of antitrust claims. While this year's decisions contain few victories for antitrust plaintiffs on the merits, surprisingly, their holdings are mixed and cannot be categorized as decidedly pro-plaintiff or defendant. This past year, the Fourth Circuit has limited plaintiffs' actions by broadening the sweep of the intracorporate conspiracy doctrine established in Copperweld Corp. v. Independence Tube Corp. to include …