Our resource kit on antitrust clauses in M&A agreements guides you through all stages of reviewing, negotiating, and drafting antitrust provisions, including risk-shifting provisions. READ NOW » Related Content Transaction Agreements: Antitrust...
As the FTC and DOJ begin to seek to strengthen the merger investigation process, re-familiarize yourself with their current process with our helpful practice note. READ NOW » Related Content Government Antitrust Challenges and Remedies Know what could...
In many antitrust cases and investigations, defining the relevant market is the most important issue. This is true for both Sherman Act cases and Clayton Act cases. READ NOW » Related Content Two-Sided Platforms Know the antitrust issues involved...
Two-sided platforms are products or services that connect two different groups of consumers across one platform and feature "indirect network effects" (explained in this practice note) that link the two sides of the platform together. The Supreme Court...
Actions taken by counsel in antitrust compliance include developing, drafting, implementing, and monitoring compliance policies. Our resource kit includes materials on each of these tasks, including detailed practice notes, forms, and checklists. READ NOW »...
While a collaboration among companies, including a joint venture, can have significant procompetitive benefits, it can also raise potential antitrust concerns when it involves competitors and/or the combination of their assets. Our practice note lays out the laws...
Our Hart-Scott-Rodino (HSR) presentation provides an introduction to determining the HSR reportability of transactions, completing the HSR notification form, and penalties for failure to file. You can use the presentation to introduce yourself, your associates...
Strategic mergers and acquisitions—those between firms in the same industry—may raise substantive antitrust concerns for not only the parties to the transaction, but also for the banks and other financial institutions that provide financing to enable...
Our Robinson-Patman Act Case Chart allows you to follow recent and important Robinson-Patman Act case developments. READ NOW » Related Content Robinson-Patman Act Section 2(a) Price Discrimination Claims: Elements Know the elements of a Robinson Patman...
This practice note on DOJ and FTC behavioral or conduct investigations focuses on how investigations are commenced, the procedural difference between civil and criminal investigations, and additional things for practitioners to keep in mind. READ NOW »...
U.S. antitrust agencies, particularly the FTC, continue to focus enforcement efforts on healthcare providers. Our resource kit collects various resources to help advise clients in the healthcare industry. READ NOW » Related Content Healthcare Providers...
Given the increased focus on enforcement at the FTC and, likely soon, the DOJ, it is a good time to check your clients’ antitrust compliance policies. Our risk assessment practice note is a good way to check the most salient risks your clients face. READ...
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 FTC and DOJ have remained busy in challenging mergers and negotiating consent decrees. Use our Federal Merger Enforcement Tracker to stay current on recent merger enforcement cases, such as the FTC’s recent vertical merger challenge in Illumina-Grail...
Section 1 of the Sherman Act prohibits contracts in restraint of trade. However, courts interpret this to mean unreasonable restraints on trade. This practice note provides an introduction to what courts view as unreasonable. READ NOW » Related Content...