Antitrust Law Daily Wrap Up, SUPREME COURT DOCKET: Recent decisions, cases, and petitions pending High Court review, (Dec 30, 2015)

By Greg Hammond, J.D.

This Antitrust Law Daily feature presents a chart highlighting the decisions, arguments, briefs, and petitions on antitrust and trade regulation issues before the 2015 Term of the U.S. Supreme Court.

To date, there are 17 antitrust and trade regulation cases that are awaiting Supreme Court Review. Since the opening of the October 2015 term, the Court has issued an opinion in an advertising case; granted summary disposition in another advertising case; granted review in two other cases involving privacy and the Racketeer Influenced and Corrupt Organizations Act (RICO); and denied review in 10 cases concerning advertising, antitrust, consumer protection, franchising & distribution, and RICO.

Most recently, a group of independent retail pharmacies has asked the U.S. Supreme Court to review a decision of the U.S. Court of Appeals in New Orleans that pharmacy chain CVS Caremark and its related entities could compel arbitration of the retail pharmacies’ misappropriation of trade secrets and Racketeer Influenced and Corrupt Organizations Act (RICO) claims. The petition asks: (1) Whether the Fifth Circuit erred in failing to apply Arizona’s law of equitable estoppel applicable to contracts generally as required by Arthur Andersen v. Carlisle, 556 U.S. 624 (2009) in order to determine whether the non-signatories to an arbitration agreement could compel arbitration and (2) Whether the Fifth Circuit erred in failing to honor the terms of an arbitration agreement that specifically prohibited third parties such as Respondents from enforcing its terms.

For details about this petition and other petitions and cases pending before the Supreme Court, please consult the chart of antitrust and trade regulation cases awaiting decision in the 2015 term. Issued opinions, granted petitions, pending petitions, and denied petitions are listed separately, along with a summary of the questions presented and the current status of each case.

News: Advertising Antitrust FranchisingDistribution RICO