Numerous changes to the federal antitrust laws were passed at the end of the 117th Congress. Our tracker lists all bills introduced during the 117th Congress that pertain to changes to the federal antitrust laws and includes the sponsors, co-sponsors, and a quick...
The $2.2 billion proposed merger between Penguin Random House and Simon & Schuster was blocked recently by a federal judge who found that the merger posed a likely threat to the market for publishing top-selling books. This Law360 podcast discusses the Department...
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 Biden Administration made it clear from the outset that it would bring a higher level of scrutiny to the enforcement of competition laws compared with their predecessors from both political parties. In the year plus since Lina Khan took over as Chair of the...
M&A agreements typically contain provisions that allocate the underlying antitrust risk between the buyer and seller, and identify the antitrust and competition law approvals required for the transaction. Our checklist outlines the antitrust and competition...
An official at the Antitrust Division of the DOJ, speaking on a panel in October, noted that she suspects we will see plenty of activity in Section 2 enforcement as AAG Kanter gets past his first year. Read now » Related Content FTC Mulling Khan DQ...
The DOJ recently brought enforcement actions against five companies who it had alleged violated Section 8 of the Clayton Act, which prohibits directors from serving on the boards of competing companies. READ NOW » Related Content Why DOJ's Chicken...
Most favored nation clauses (MFNs) involve a seller agreeing to deal with a buyer on terms that are at least as favorable as those granted to any other party. While most MFNs are procompetitive and result in efficiencies for the contracting parties such as reduced...
While parts of antitrust merger practice can be less formalized than other types of persuasive lawyering—think of the extensive forms involved in litigation—and other types of transactional practice—consider the closing binder in a typical M&A...
Two-sided platforms are products or services that connect two different groups of consumers across one platform and feature indirect network effects that link the two sides of the platform together. Our practice note describes the Supreme Court's decision in...
Second Requests can be extremely burdensome to clients. Our resource kit collects materials that will help to ease that burden, including a practice note on document review tools and a checklist of items that need to be completed prior to asserting substantial...
The HSR Act prohibits a seller from transferring beneficial ownership to a buyer prior to the expiration or termination of the mandatory waiting period, typically 30 days. Most gun jumping enforcement actions allege that sellers have transferred beneficial ownership...
A group boycott—or concerted refusal to deal—is an agreement among two or more entities, often competitors, not to do business or to do business only on certain terms with disfavored individuals or firms. Examples include refusals by members of a group...
Both the DOJ and the FTC have expressed interest in blockchain technology. This increased attention means that businesses should consider the antitrust risks associated with their blockchain activities. Those risks include competitor collaborations, sharing competitively...
The Tuesday after Labor Day weekend marks the unofficial start of Fall. And that means that first year associates already are, or will soon be, beginning their careers at law firms. Our Antitrust Fundamentals Resource Kit is a great way to introduce new associates...