Metals Service Center Institute
Why the Silence on Vertical Price Restraints?
Despite pronouncements that a “New Wave” of antitrust enforcement is underway, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) have exercised collective silence...Read more

R. Mark McCareins
General Counsel, Metals Service Center Institute, USA
Patent law differs in each country, but there are some important equitable doctrines that apply across borders. One such a doctrine is prosecution history estoppel.
The term Estoppel ...Read more

R. Mark McCareins
General Counsel, Metals Service Center Institute, USA
Antitrust Enforcement of No Poach/Wage Fixing Agreements Has Accelerated: Managers and Human Resource Professionals Should be Aware of The Enhanced Criminal Penalties for These Types of Agreements
Historically, when it came to antitrust enforcement, human resource (now commonly referred to as the ‘Talent Acquisition or ’Human Capital’ ) professionals were usually last on the list to...Read more

R. Mark McCareins
General Counsel, Metals Service Center Institute, USA
The Resale Price Maintenance (and Minimum Advertised Price) Conundrum Post-Leegin: State and Federal Law at a Crossroads
As one of the counsel for Respondent in the Supreme Court’s Monsanto Company v. Spray-Rite Service Corporation decision, it has been difficult since 2007 to acknowledge that vertical...Read more

R. Mark McCareins
General Counsel, Metals Service Center Institute, USA
Product Distribution Challenge Recently Addressed by
Seventh Circuit Court of Appeals in Landmark Decision Under the Robinson-Patman Act *

The passage of the Sherman Act by Congress in 1890 marked the onslaught of an antitrust revolution, which began in the United States and has now taken root in most...Read more

R. Mark McCareins
General Counsel, Metals Service Center Institute, USA