Shepard Goldfein

August 14, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte discuss a recent joint workshop held by the Antitrust Division of the DOJ and the FTC that was prompted by the recognition, at both agencies, that the economic complexities surrounding conditional pricing practices are quite complex and that the legal framework for analyzing such practices remains in flux.

By Shepard Goldfein and James A. Keyte

12 minute read

July 08, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write that the Foreign Trade Antitrust Improvements Act, which governs the reach of the Sherman Act to foreign conduct, has become a central focus of antitrust law in recent years. Unfortunately for parties involved in litigation, particularly defendants, the increasing importance of the FTAIA has coincided with significant turmoil relating to judicial interpretation of the law.

By Shepard Goldfein and James A. Keyte

13 minute read

June 10, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: While criminal convictions and prison sentences in the antitrust context are noteworthy in their own right, Romano Pisciotti's conviction in a Florida federal court carries even more clout because it came less than three weeks after Pisciotti's extradition from Germany.

By Shepard Goldfein and James A. Keyte

13 minute read

May 13, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review each FTC commissioner's policy hot spots, core antitrust principles and perspectives on proof, with particular attention to instances where the political divide was crossed.

By Shepard Goldfein and James Keyte

13 minute read

April 08, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Skadden, Arps, Slate, Meagher & Flom partners Shepard Goldfein and James A. Keyte write: On March 3, 2014, the Supreme Court granted certiorari in 'North Carolina State Board of Dental Examiners v. FTC,' marking the second time in two years that the Supreme Court has considered the parameters of the state action doctrine, following nearly two decades of silence on the subject.

By Shepard Goldfein and James A. Keyte

12 minute read

March 11, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Skadden Arps partners Shepard Goldfein and James A. Keyte write: In the recent case against McWane Inc. Ltd., the FTC affirmed an exclusive dealing claim against the company, but it deadlocked 2-2 (along party lines) on price-fixing claims. Unfortunately, the lack of a fifth commissioner to break the tie left observers without a clear statement on how, at least within the FTC, to dissect price-fixing allegations and proof, and immediate reactions to the decision expressed disappointment at the lack of guidance. Nevertheless, there are at least a few lessons to draw from McWane.

By Shepard Goldfein and James A. Keyte

13 minute read

December 10, 2013 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte of Skadden, Arps, Slate, Meagher & Flom analyze a new rule amending the filing requirements for patent transfers under the Hart-Scott Rodino Act which contains a few notable changes with antitrust implications for exclusive patent licensing transactions.

By Shepard Goldfein and James A. Keyte

12 minute read

November 12, 2013 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte, partners at Skadden, Arps, Slate, Meagher & Flom, analyze a recent decision in which a California federal judge broke with numerous cases spanning several decades to deny the NCAA's motion to dismiss a class action alleging that the NCAA's eligibility and amateurism rules violate the antitrust laws.

By Shepard Goldfein and James A. Keyte

12 minute read

January 08, 2013 | New York Law Journal

In thier Antitrust Trade and Practice column, Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, write that in FY 2012, the Antitrust Division collected a record $1.1 billion in criminal fines for antitrust violations, breaking the previous high of $1 billion during FY 2009.

By Neal R. Stoll and Shepard Goldfein

9 minute read

June 12, 2012 | New York Law Journal

In their Antitrust Trade and Practice, Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, analyze a recent decision by the Kansas Supreme Court that they say will likely create uncertainty and risk for those doing business within Kansas state lines, not only because of its explicit recognition that RPM is per se unlawful, but because of the court's rejection of any reasonableness limitation whatsoever on restraints of trade

By Neal R. Stoll and Shepard Goldfein

13 minute read