Monopsony occurs when a buyer or group of buyers gain market power and the accompanying ability to harm competition among upstream input providers. Our practice note on monopsony provides overviews of recent cases where the court provided helpful in-depth analysis...
Use our monopolization complaint as a template for your own complaint or to understand what a monopolization claim might look like. READ NOW » Related Content Demand for Relief in an Antitrust Complaint Set out the relief demanded in an antitrust...
We have lots of resources to help your summer associates learn about both law firm life and substantive antitrust law. These substantive resources serve as a good introduction to antitrust particularly for summer associates who haven’t yet taken an antitrust...
In addition to resources that cover all of the substantive areas of antitrust law, we also have resources dedicated to antitrust civil litigation. Some of the highlights include practice notes dedicated to summary judgment motions, discovery, and expert testimony...
In Illinois Brick v. Illinois , the Supreme Court held that indirect purchasers (those who purchase from an intermediary) had no standing under the federal antitrust laws. However, various states allow for some type of recovery by or on behalf of indirect purchasers...
U.S. antitrust lawyers don’t practice EU competition law, obviously, but a familiarity with the EU approach to parallel issues can be useful to help spot issues for clients. Practical Guidance features select documents from our sister product, Lexis PSL,...
Joint ventures combine elements of typical commercial agreements between entities with elements of full mergers or acquisitions. Therefore, they may be governed by both Section 1 of the Sherman Act and Section 7 of the Clayton Kit. Our resource kit includes materials...
Healthcare antitrust enforcement remains a high priority for the FTC. Our resource kit guides attorneys through healthcare industry merger and conduct investigations as well as day-to-day compliance issues. READ NOW » Related Content FTC Antitrust...
Our merger enforcement tracker helps you keep track of recent DOJ and FTC merger enforcement actions, including the DOJ’s recent challenge of Verzatec’s acquisition of Crane Composites. Read Now » Related Content FTC Antitrust Case Tracker...
Items 4(c) and 4(d) of the Hart-Scott-Rodino (HSR) notification form call for the production of certain documents about the transaction, including certain confidential information memoranda (CIM) and any documents prepared for the board that evaluate the transaction...
By: Michael B. Bernstein , Matthew A. Tabas , and Matthew H. Fine , Arnold & Porter Even in the very earliest stages of planning a merger or an acquisition, it is never too soon to begin considering the antitrust issues. In fact, it is critical to provide...
By: Abram Ellis , John Terzaken , and Jonathan Myers , Simpson Thacher & Bartlett LLP This article addresses the extraterritorial reach of U.S. antitrust laws—that is, their application to international trade or commerce—specifically discussing...
Discovery in antitrust cases is notoriously broad, burdensome, and expensive. Antitrust counsel can eliminate a certain amount of needless burden and expense by carefully considering (and where appropriate, collaborating in advance on) their plans for discovery...
Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits "unfair methods of competition," which include violations of the Sherman Act and also certain standalone violations, including invitations to collude. Our tracker keeps you up to date on recent...
The answer, of course, is that it depends. Our practice note helps you to identify how and why information exchanges might create antitrust risk. READ NOW » Related Content Horizontal Restraints Learn the basics of unlawful agreements between competitors...