During a presidential transition, and the longer transition to new leadership of the FTC, commissioner statements serve as a useful indicator of how the agency might change enforcement patterns in a new administration. READ NOW: Market Trends 2020: FTC Commissioner...
Long-threatened criminal enforcement of antitrust in the human resources context came to pass with wage-fixing indictments in 2020. READ NOW: Antitrust Concerns in No-Poaching, Wage-Fixing, and Non-Compete Agreements Related Content Exchanges of Competitively...
When reviewing merger agreements, antitrust counsel look at: (1) the filings that are required; (2) whether the transaction poses antitrust risk; and (3) whether the agreement raises additional antitrust issues. READ NOW: Transaction Agreements: Antitrust Issues...
Our Federal Merger Enforcement Tracker provides a summary of all Department of Justice (DOJ) and Federal Trade Commission (FTC) merger enforcement actions since 2015. It includes information on the relevant market, market shares, theory of harm, and any remedy...
Senator Amy Klobuchar recently introduced a new bill that would dramatically overhaul U.S. antitrust laws. READ NOW: The Competition and Antitrust Law Enforcement Reform Act » Related Content Antitrust Law Fundamentals Understand the basics of the...
Practical Guidance provides great resources for antitrust litigators, including templates for filing a summary judgment motion. READ NOW: Motion for Summary Judgment in an Antitrust Case » Related Content Summary Judgment Motions in Antitrust Cases...
In-house counsel know that focusing on antitrust compliance can help prevent or mitigate costly investigations and, down the road, potential litigation and fines. Our Antitrust Compliance Resource Kit provides the resources that in-house and external counsel need...
In 1977, the Supreme Court held (in Illinois Brick v. Illinois ) that indirect purchasers had no standing under the federal antitrust laws. However, several states allow for some type of recovery by or on behalf of indirect purchasers under state laws. This chart...
College basketball fans think Colgate is a surprisingly good mid-major team. Dentists think Colgate is a dentifrice. But antitrust lawyers know that Colgate stands for the proposition that, generally, an economic actor can freely choose its business partners. Of...
Hart-Scott-Rodino (HSR) thresholds change every year based on changes to gross national product (GNP). In most years, GNP increases, so HSR thresholds increase. However, this past year, GNP decreased, so the HSR thresholds will decrease. Therefore, transactions...
Non-U.S. clients need to know when foreign conduct may be reachable under U.S. antitrust law. The Foreign Trade Antitrust Improvements Act (FTAIA) defines the Sherman Act’s extraterritorial application. READ NOW: Foreign Trade Antitrust Improvements Act...
Courts interpret Section 1 of the Sherman Act to prohibit only unreasonable restraints of trade. The basic elements are (1) concerted activity, (2) unreasonable restraint, and (3) effect on interstate commerce or foreign trade. READ Sherman Act Section 1 Fundamentals...
Economists and economic analysis can aid merging parties in the review of horizontal mergers. Our practice note, written by an economist for a legal audience, reviews the economic analysis and economic tools that economists might employ during a merger review to...
Use our Federal Merger Enforcement Tracker to track all merger cases brought by the FTC or DOJ since 2015. It contains information about the merging parties, a timeline from signing to complaint, the relevant markets, the theory of harm, the outcome, and any remedy...
Antitrust attorneys need to understand how to differentiate between potentially problematic MFNs and less risky MFNs. While MFNs may help to minimize transaction costs and encourage long-term contracts, they may also tend to exclude competitors or facilitated price...