Processes in Canada are similar to, but have important distinctions from, case resolution practices in other jurisdictions. Graham Reynolds, Q.C. (Osler, Hoskin & Harcourt)

Just like trials, hearing presentations are a form of competitive theater. They are the opportunity to bring your case alive, adding a dimension that cannot be portrayed in written documents .alone. Peter-Carlo Lehrell & David Lawsky, FIPRA Int'l

This article provides an overview of plaintiffs’ allegations, Judge Preska’s opinion, the Second Circuit’s decision, and outlines the authors’ views on the Second Circuit’s errors and the implications Starr will...

By stepping back from the overambitious antitrust agenda currently applied to joint ventures, the courts can create the clarity needed to allow joint ventures to fulfill the promise recognized in Copperweldâ€â€Ã¢â‚¬Å“increasing a firm’s efficiency and...

This article examines whether the Guidelines satisfactorily address the most common criticisms on the Oral Hearing. James Modrall & Ruchit Patel, Cleary Gottlieb

By putting great emphasis on the oral hearing, the new Best Practices package seems to suggest that, in the Commission’s view, the hearing should be one of the cornerstones of due process in a cartel investigation. Ulrich Soltész, Gleiss Lutz

A hearing is neither a trial nor a state of play meeting. A hearing is a hearing. It functions as a check and balance within the administrative procedure before the authority takes a final decision on a case. Michael Albers & Karen Williams, European Commission

I would like to initially focus on one improvement that I have long believed would deal, at a stroke, with many of the deficiencies of the hearing process. My suggestion would be that it should be possible, even if not imposed on every occasion, for the oral hearing to be public. Stephen...

The basic question raised by American Needle is: Are the NFL and its member clubs a single-entity with respect to their trademark licensing activities? In answering this question, an even more basic question is raised: By what criteria can a single-entity be identified? There is profound...

But the Second Circuit’s decision, by allowing a vague set of factual allegations and an equally vague set of claimed violations to proceed past a motion to dismiss, ignored Twombly’s most basic lesson: An antitrust plaintiff, in the absence of any direct claim...