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Business Articles Awards > General Antitrust

3 Antitrust Precedents Ripe For Overturning

Steven J. Cernak, Gregory L. Curtner and William M. Hannay, Law360, July 2015

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On June 22, 2015, the U.S. Supreme Court in Kimble v. Marvel Entertainment LLC declined on stare decisis grounds to overturn a criticized intellectual property precedent on royalty payments. In both the majority and dissenting opinions, the justices said that their respect for precedent would have been less had it been one interpreting the Sherman Antitrust Act. These comments prompt the question: Which old and criticized antitrust precedent might be subject to reversal?

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