By Timothy Haney In the aftermath of the 2020 presidential election, corporate legal professionals engaged in months of speculation about how the Biden Administration might bring a different approach to antitrust enforcement than we saw in recent years. We now...
The FTC and DOJ have remained busy in challenging mergers and negotiating consent decrees. Use our Federal Merger Enforcement Tracker to stay current on recent merger enforcement cases, such as the FTC’s recent vertical merger challenge in Illumina-Grail...
Section 1 of the Sherman Act prohibits contracts in restraint of trade. However, courts interpret this to mean unreasonable restraints on trade. This practice note provides an introduction to what courts view as unreasonable. READ NOW » Related Content...
While U.S. antitrust attorneys do not need to be experts in European competition law, they should be familiar enough with the basics to know the important ways it diverges from U.S. antitrust law and to know when they need to refer their clients to local counsel...
When a concern about a transaction arises, the U.S. antitrust authorities, the Federal Trade Commission (FTC), and the Department of Justice (DOJ) typically pursue their concerns in one of two ways. The reviewing authority may negotiate a settlement with the parties...
Despite the substantial discovery costs involved in any antitrust case that moves beyond pleadings, summary judgment or partial summary judgment can still help achieve an important result for your client—namely, the elimination or narrowing of issues for...
Our Healthcare Antitrust Resource Kit provides an overview of antitrust issues related to the healthcare industry, including pharmaceutical suppliers, hospitals and other healthcare providers, and health insurers. READ NOW » Related Content Healthcare...
A good antitrust compliance policy manual is a great first step to help your clients comply with antitrust laws. Use our form to help tailor a solution for your clients’ needs. READ NOW » Related Content Hypotheticals to Test Employee Comprehension...
While having a monopoly is not itself an antitrust violation, companies with monopoly power can violate antitrust laws by engaging in business activities that might otherwise be legal for a company without monopoly power. Our Monopoly Power Antitrust Risk Assessment...
The Clayton Act, the FTC Act, and the general venue provision of Title 28 set out different tests for venue. Antitrust litigators should understand when venue is proper, whether they should plead venue, strategic considerations in choosing a district, how they...
In 1997, in Illinois Brick v. Illinois , the Supreme Court held that indirect purchasers had no standing under the federal antitrust laws. However, state laws, known as Illinois Brick repealers, may still allow indirect purchaser suits. Our Illinois Brick Repealer...
Information-sharing concerns between competitors remain present even when those competitors are negotiating or attempting to close a transaction. Until they actually consummate the transaction, parties who compete remain competitors for purposes of the antitrust...
Our Antitrust Compliance Resource Kit will guide you and your clients through the steps of developing, drafting, implementing, and monitoring an antitrust compliance policy. READ NOW: Antitrust Compliance Resource Kit Related Content Antitrust Compliance...
As summer associate season winds down, it will soon be time to welcome new associates. Our Antitrust Fundamentals Resource Kit collects various resources that serve as a good general introduction to the field. READ NOW: Antitrust Fundamentals Resource Kit ...
To draft risk-shifting provisions, antitrust counsel must understand the antitrust risk profile of a transaction and have facility with a wide variety of clauses. Our resource kit will guide you through drafting, reviewing, and negotiating these provisions. READ...