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...
Our fundamentals practice notes are great tools for newer associates, summer associates, or anyone working on their first antitrust assignment. Antitrust Law Fundamentals provides a background on the antitrust statutes, their history, and the enforcement scheme...
The FTC has exclusive authority to enforce Section 5 of the FTC Act, 14 U.S.C. § 45, which prohibits unfair methods of competition. The FTC may seek preliminary injunctive relief in federal court for incipient violations of the FTC Act, but may also seek final...
Although the antitrust agencies are not active in enforcing the Robinson-Patman Act, private litigation is ongoing. Stay up to date on current Robinson-Patman Act cases. READ NOW » Related Content Robinson-Patman Act Section 2(a) Price Discrimination...
The FTC and DOJ remain active in bringing cases against vertical mergers, including against transactions involving buyers Nvidia and United Healthcare. READ NOW » Related Content Current HSR Thresholds Chart Check the recently updated HSR thresholds...
The 2022 HSR thresholds are now in effect, as of last week. Review this chart for details! READ NOW » Related Content Federal Trade Commission and Department of Justice Antitrust Division Launch Public Inquiry Aimed at Modernizing Merger Guidelines...
The FTC and DOJ recently announced a public inquiry aimed at modernizing both the horizontal and vertical merger guidelines. The merger guidelines provide the framework that the agencies use when analyzing mergers under U.S. antitrust law. READ NOW » ...
Our Federal Merger Enforcement Tracker keeps you current on all recent FTC and DOJ consent decrees and litigated cases, including the FTC’s recent vertical challenge of Lockheed Martin’s acquisition of Aerojet. READ NOW » Related Content ...
HSR thresholds are adjusted annually based on changes to Gross National Product. The adjustments are typically announced in late January and take effect 30 days after publication in the Federal Register. The 2022 adjustments were published on January 24, 2022,...
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 »...