Law360: Profs Ask 9th Circ. To Take New Look At FTC’s Qualcomm Suit

October 05, 2020

O’Melveny Antitrust Practice co-chair Ian Simmons led the filing of an amicus brief submitted to the Ninth Circuit on behalf of dozens of law and economics professors in the case FTC v. Qualcomm, this article reported. The brief argues that an August panel ruling reversing the Federal Trade Commission’s win against Qualcomm breaks from decades of settled antitrust precedent and should be revisited en banc.

“It was a privilege to work with 46 of the nation’s leading antitrust scholars and to have the opportunity to show the full Court of Appeals how the panel’s decision departs from well settled Sherman Act Section 2 principles,” Simmons told Law360. “All of us share a common interest in seeing a consistent and coherent application of the antitrust laws—laws so important to vibrancy of competition in this country.”

The O’Melveny team that represented the amici also included counsel Scott Schaeffer and associate Brian Quinn.  

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