Practices involving blockchain that could give rise to antitrust risk include competitor collaborations, sharing competitively sensitive information with competitors on the blockchain, and anticompetitive mergers involving companies offering blockchain-based services...
Rules 802.50 and 802.51 are commonly known as the Hart-Scott-Rodino Act’s foreign exemptions. These exemptions may be available for transactions that involve the acquisition of either non-U.S. assets (802.50) or voting securities of non-U.S. entities (802...
After years of indicating that they intended to bring no-poach cases criminally, the DOJ brought indictments recently against members of an alleged conspiracy to not solicit each other’s senior employees. The DOJ now faces a motion to dismiss from the defendants...
The recent motion to dismiss decision in FTC v. Facebook highlights the need for plaintiffs to prove monopoly power as an element of their Section 2 cases. While market share is an important indicator, other types of proof can be introduced. READ NOW: 2 Antitrust...
The judge in the Epic-Apple antitrust case, involving Apple’s app store, faces limited legal precedents and complex market realities. In other words, the type of setting that makes antitrust fun. READ NOW: Judge in Epic Games-Apple US antitrust case faces...
Our Summer Associate Resource Kit is a list of key resources covering major antitrust related tasks that summer associates will typically work on. Use it as you train summer associates and introduce new assignments. READ NOW: Summer Associate Resource Kit: Antitrust...
Use our checklist to conduct an audit of your company’s antitrust compliance program and an audit to determine whether anticompetitive conduct is occurring. Our checklist is written from the perspective of an in-house counsel, but you can also use it and...
The Federal Trade Commission (FTC) continues to closely watch the healthcare industry. Antitrust Practical Guidance contains many useful resources for antitrust practitioners advising clients in the healthcare industry and our resource kit collects all of those...
In 2020, how often did the FTC or DOJ challenge a merger in court? How long did these cases take? What were the outcomes? Find out answers to these questions and more. READ NOW » Related Content Federal Merger Enforcement Tracker Access easy-to-use...
Tying and bundling are functionally similar, but tying carries more antitrust risk, while bundling is generally permissible under the antitrust laws, absent market power. While tying conditions the purchase of one product on a second that the buyer did not want...
For decades, recovery of monetary relief has been a cornerstone of the FTC’s enforcement agenda. The Supreme Court’s April 22 decision eliminates the FTC’s ability to recover monetary relief in Section 13(b) cases, drastically altering the scope...
Speaking at a recent forum on pharmaceutical deals and antitrust, an adviser to acting FTC Commissioner Slaughter said that it’s time to refresh the FTC’s approach to pharma mergers. READ NOW: Enforcers Shouldn’t Be “Bound by Past”...
In-house counsel frequently need to consider the Robinson-Patman Act (RPA), which prohibits certain price discrimination in the sale of goods to competing resellers. Outside counsel may only be consulted by their clients on more tricky compliance issues. Therefore...
Well over 100 jurisdictions worldwide have adopted antitrust merger control laws, and the number continues to grow. As a result, a merger or acquisition involving large multinational companies may trigger merger filing obligations in multiple jurisdictions, especially...
Our survey of 2020 trends in merger remedies at the FTC and DOJ shows that the FTC continues to insist on upfront buyers. Meanwhile, the DOJ is not as stringent. Read about that trend and other market trends in our survey of 2020 merger remedies. READ NOW: Market...