Justia Antitrust & Trade Regulation Opinion Summaries

Articles Posted in Internet Law
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John Fanning founded Jerk LLC (Jerk) and Jerk.com in 2009. From 2009 to 2014, Jerk operated Jerk.com. In 2014, the Federal Trade Commission (Commission) filed an administrative complaint charging Jerk and Fanning with engaging in deceptive acts or practices in or affecting commerce in violation of the Federal Trade Commission Act. The Commission entered a summary decision finding Fanning personally liable for misrepresentations contained on Jerk.com. Fanning petitioned for review. The First Circuit (1) affirmed the Commission’s finding of liability and the recordkeeping provisions and order acknowledgement requirement of the Commission’s remedial order; but (2) vacated Fanning’s compliance monitoring provisions, holding that these provisions were overbroad and not reasonably related to Fanning’s violation. View "Fanning v. Fed. Trade Comm'n" on Justia Law

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The Internet Corporation for Assigned Names and Numbers (ICANN) creates and assigns top level domains (TLDs), such as “.com” and “.net.” Plaintiff, a registry specializing in “expressive” TLDs, filed suit alleging that the 2012 Application Round for the creation of new TLDs violated federal and California law. The district court dismissed the complaint. The court rejected plaintiff's claims for conspiracy in restraint of trade or commerce under section 1 of the Sherman Act, 15 U.S.C. 1, because plaintiff failed to allege an anticompetitive agreement; the court rejected plaintiff's claim under Section 2 of the Sherman Act, because ICANN’s authority was lawfully obtained through a contract with the DOC and did not unlawfully acquire or maintain its monopoly; the trademark and unfair competition claims were not ripe for adjudication because plaintiff has not alleged that ICANN has delegated or intends to delegate any of the TLDs that plaintiff uses; and the complaint failed to allege a claim for tortious interference or unfair business practice. Accordingly, the court affirmed the judgment. View "name.space, Inc. V. ICANN" on Justia Law

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The Internet Corporation for Assigned Names and Numbers (ICANN) creates and assigns top level domains (TLDs), such as “.com” and “.net.” Plaintiff, a registry specializing in “expressive” TLDs, filed suit alleging that the 2012 Application Round for the creation of new TLDs violated federal and California law. The district court dismissed the complaint. The court rejected plaintiff's claims for conspiracy in restraint of trade or commerce under section 1 of the Sherman Act, 15 U.S.C. 1, because plaintiff failed to allege an anticompetitive agreement; the court rejected plaintiff's claim under Section 2 of the Sherman Act, because ICANN’s authority was lawfully obtained through a contract with the DOC and did not unlawfully acquire or maintain its monopoly; the trademark and unfair competition claims were not ripe for adjudication because plaintiff has not alleged that ICANN has delegated or intends to delegate any of the TLDs that plaintiff uses; and the complaint failed to allege a claim for tortious interference or unfair business practice. Accordingly, the court affirmed the judgment. View "name.space, Inc. V. ICANN" on Justia Law

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The district court found Apple in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. 1, because Apple facilitated and executed a conspiracy where five of the six largest e-book publishers in the country entered into a horizontal conspiracy to eliminate retail price competition in order to raise e-book prices. The district court issued an external compliance monitor through a permanent injunction. At issue on appeal is the district court’s denial of the motion to disqualify the appointed monitor, and modifications of the injunction. The court concluded that the district court did not abuse its discretion in declining to disqualify the monitor based on the record before the district court. The court also concluded that, in light of the court's intervening interpretation of the injunction, the terms of the injunction are not currently affected by modifications (if any) made by the district court. Accordingly, the court affirmed the decisions of the district court without prejudice. The court ordered the letter at issue disclosing the fee schedule unsealed and directed the Clerk of the Court to make that letter publicly available on the docket. View "United States v. Apple Inc." on Justia Law