Challenging the Medical Residency Matching System through Antitrust Litigation.

Antitrust Laws: the Nurse Wages Antitrust Litigation

Book Note the Antitrust Counterattack in Patent Infringement Litigation

Patent infringement suit claims of inequitable conduct before the Patent Office and claims of patent misuse are staple affirmative defenses in patent practice. Defendants' frequent invocation of the inequitable conduct and patent misuse doctrines causes patentee-plaintiffs to consider the possibility that a court will find the patent unenforceable in accord with those doctrines. The authors of ...

The Residency Match: Competitive Restraints in an Imperfect World

In 2002 physicians filed a lawsuit alleging that “the match,” the more than fifty-year-old system by which medical students and other applicants are assigned to medical residency programs, violates section 1 of the Sherman Act. Last year, without hearings on the issue, Congress found that the match was “highly efficient” and “pro-competitive” and granted a retroactive antitrust exemption for it...

Accentuate the Positive : Defending Antitrust Litigation By Demonstrating the Procompetitive Character of the Challenged Conduct

BY DAVID L. MEYER AND ROBERT M. NICHOLS F or many defendants in antitrust litigation, the procompetitive nature of their alleged conduct is a topic near the bottom of the list of subjects they want to address. They would prefer to first exhaust all of the available avenues for avoiding full-blown merits litigation—and all of the costs and burdens that discovery and trial can bring. There is the...

De Facto Detrebling: the Rush to Settlement in Antitrust Class Action Litigation

Antitrust law provides that successful private plaintiffs are entitled to treble damages. Despite this, in antitrust class action litigation, courts have subtly dismantled the treble damage regime by manipulating the standard for reviewing proposed settlements. Federal law requires judicial approval of class action settlements in order to ensure that the class members’ interests are adequately ...