January 1998

Anticompetitive practices

The U.S. Tenth Circuit Court of Appeals applies a “quick look” rule of reason analysis and ultimately rejects an association-wide salary cap imposed on a position within each member organization in the college basketball industry (Law/NCAA)
Akin Gump Strauss Hauer & Feld (Dallas)
The U.S. Tenth Circuit struck down an NCAA-wide salary cap imposed on the earnings of “restricted-earnings” coaches as an unreasonable restraint of trade. Instead of applying per se illegality to a price-fixing agreement, the Court determined that a “quick look” rule of reason was more appropriate (...)

Unilateral Practices

The EU Commission finds that a German airport abused its dominant position by refusing to grant access to facilities to some airline carriers (Frankfurt airport)
DG COMP (Brussels)
"One step beyond in the application of the essential facility theory"* On 14 January 1998, the European Commission adopted a decision finding that Frankfurt airport was abusing its dominant position by not giving access to other companies to provide ground handling services (third party (...)

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