'Oh, You Did Not Say That!' Liability for False or Misleading Statements under the Sherman and Lanham Acts

CPI Antitrust Chronicle
July 2014

Steptoe antitrust partner Edward Schwartz authored an article titled "'Oh, You Did Not Say That!' Liability for False or Misleading Statements under the Sherman and Lanham Acts" published in the July 2014 issue of Competition Policy International's Antitrust Chronicle.  The article addresses the advantages of bringing competition claims for false or misleading statements under the Lanham Act versus the Sherman Act, and discusses in particular two recent US Supreme Court Lanham cases that could result in more companies bringing Lanham Act claims against their competitors alleging that their marketing practices constituted unfair competition.  Mr. Schwartz explains how the two rulings broadened the test for Lanham Act standing, and held that compliance with industry regulations governing labeling and marketing practices is not necessarily a defense to a Lanham Act claim.