Antitrust and Consumer Protection

Competition: Spring 2016, Vol 25, No. 1

2015: A YEAR OF BIG PLAINTIFF WINS IN ANTITRUST AND PRIVACY CASES

By Thomas N. Dahdouh1

I. INTRODUCTION

The year 2015 will go down as a year of big plaintiff wins in federal antitrust and privacy decisions, particularly notable for those cases brought by government law enforcement officials. With only one loss in the lineup,2 these victories suggest that active enforcement of the antitrust and privacy laws is alive and well in the federal courts. These wins stand in stark relief to the dire forecasts of some that federal courts are too tilted to the defense side.3

This Article summarizes eleven major court holdings and attempts to put each decision in context. The cases are generally arranged by area of law, beginning with two Sherman Act Section 1 cases, following with a hybrid Sherman Act Section 1/Section 2 case, then describing two new Sherman Act Section 2 matters, discussing one state-action immunity case, continuing with three major merger challenges, and finally ending with two important privacy cases.

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