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...
Defining a relevant market is an important step and often provides a starting point for practitioners, antitrust authorities, and courts when considering the competitive effects of a transaction. Our practice note looks at how to define product and geographic markets...
Expert witnesses are used in almost every antitrust case, and expert testimony is often the key evidence in the case. Our practice note on expert testimony discusses how to select and retain experts, how to develop their testimony, how to exclude their testimony...
Our new Market Standards – Antitrust tool helps antitrust and M&A attorneys easily locate precedent language for antitrust clauses. Review over 1,400 agreements for antitrust clause language, including hell or highwaters and reverse termination fees....
The FTC has recently pointed to the Robinson-Patman Act (RPA) as a legal authority that might apply to pharmacy benefit manager conduct it is investigating. While antitrust attorneys are typically well versed in the Sherman and Clayton Acts, they may need to brush...
As all antitrust attorneys know, situations in which their clients come into contact with competitors are fraught with antitrust risk. As a result, antitrust attorneys are often asked to provide documents, with clear, easy-to-understand language outlining the risks...