§ Rule 6-22.2 Definitions

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-22 Standards > Rule 6-22.2

Rule 6-22.2. Definitions

    (a) Antitrust Law. “Antitrust law” covers the practice of law dealing with anticompetitive conduct or structure that may reduce consumer welfare in the United States. The primary federal antitrust laws are the Sherman Act, the Clayton Act, the Robinson- Patman Amendments to the Clayton Act, and the Federal Trade Commission Act. In addition, there are parallel state statutes. Generally, the practices that the antitrust laws are concerned with involve, but are not limited to: price fixes, limitations on production, division of markets, boycotts, attempts to monopolize and monopolization, tying of products, covenants to restrain trade, exclusive dealing contracts, price discrimination, and other exclusionary, predatory, or economically discriminatory activities.

    (b) Trade Regulation Law. “Trade regulation law” covers the substantive area of law dealing with deceptive, unfair, or
unconscionable acts or practices, and unfair methods of competition under the Federal Trade Commission Act and Florida's Deceptive and Unfair Trade Practices Act.

    (c) Practice of Law. The “practice of law” for this area is defined as set forth in rule 6-3.5(c)(1).

    (d) Contested Matters. “Contested matters” shall be defined as matters that were pending before an enforcement agency, a tribunal, or court that were adversarial and binding in which the applicant had a significant responsibility and personal involvement, and in which the applicant evaluated, handled, and resolved issues of fact and law in a dispute that involved antitrust or trade regulation law, either by reaching an adjudicated decision, or by achieving a settlement of a matter after it was the subject of substantial litigation or proceedings before an enforcement authority.

    (e) Adjudicated Decision. An “adjudicated decision” on significant issues of antitrust or trade regulation law shall be defined as a decision resulting from a proceeding in which:

        (1) a tribunal rendered a decision on a motion for temporary or preliminary injunction, or following an evidentiary hearing involving live testimony;

        (2) a tribunal rendered a decision on a motion for summary judgment;

        (3) a tribunal rendered a decision following briefing; or

        (4) a tribunal or jury rendered a decision following a trial, or a court of appeals rendered a decision following an appeal. A single proceeding may generate multiple adjudicated decisions and an applicant shall receive credit for each such adjudicated decision as a separate contested matter; however, for purposes of certification, the number of adjudicated decisions from any single case within a 3-year period shall be limited to 2, absent extraordinary circumstances.