The US Supreme Court strikes down patent market power presumption in tying cases (Illinois Tool Works)

The Supreme Court issued two unanimous opinions in antitrust cases. These are the second and third antitrust opinions of the Term; [1] u.S. ---, 1-6 S.Ct. 860 (-006), involved the robinson-Patman act. in recent years the Court has taken one or at most two antitrust cases per Term, so this reflects a greater than usual level of antitrust activity at the Court. Although the Court’s unanimity implies that the decisions were not unexpected or even controversial, they nonetheless provide greater certainty about the legality of— or at least the level of risk presented by—certain business conduct. The first of these decisions, Texaco, Inc. v. Dagher, 2006 WL 461525 (Feb. 28, 2006), addressed how a joint venture that competitors create can lawfully price the output of the venture. The second,

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Authors

  • WilmerHale (Washington)
  • WilmerHale (Washington)
  • Matheson Keys & Kordzik (Austin)

Quotation

James W. Lowe, Leon B. Greenfield, Daniel Matheson, The US Supreme Court strikes down patent market power presumption in tying cases (Illinois Tool Works), 1 March 2006, e-Competitions March 2006, Art. N° 37689

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