While having a monopoly is not itself an antitrust violation, companies with monopoly power can violate antitrust laws by engaging in business activities that might otherwise be legal for a company without monopoly power. Our Monopoly Power Antitrust Risk Assessment...
The Clayton Act, the FTC Act, and the general venue provision of Title 28 set out different tests for venue. Antitrust litigators should understand when venue is proper, whether they should plead venue, strategic considerations in choosing a district, how they...
In 1997, in Illinois Brick v. Illinois , the Supreme Court held that indirect purchasers had no standing under the federal antitrust laws. However, state laws, known as Illinois Brick repealers, may still allow indirect purchaser suits. Our Illinois Brick Repealer...
Information-sharing concerns between competitors remain present even when those competitors are negotiating or attempting to close a transaction. Until they actually consummate the transaction, parties who compete remain competitors for purposes of the antitrust...
Our Antitrust Compliance Resource Kit will guide you and your clients through the steps of developing, drafting, implementing, and monitoring an antitrust compliance policy. READ NOW: Antitrust Compliance Resource Kit Related Content Antitrust Compliance...
As summer associate season winds down, it will soon be time to welcome new associates. Our Antitrust Fundamentals Resource Kit collects various resources that serve as a good general introduction to the field. READ NOW: Antitrust Fundamentals Resource Kit ...
To draft risk-shifting provisions, antitrust counsel must understand the antitrust risk profile of a transaction and have facility with a wide variety of clauses. Our resource kit will guide you through drafting, reviewing, and negotiating these provisions. READ...
Practices involving blockchain that could give rise to antitrust risk include competitor collaborations, sharing competitively sensitive information with competitors on the blockchain, and anticompetitive mergers involving companies offering blockchain-based services...
Rules 802.50 and 802.51 are commonly known as the Hart-Scott-Rodino Act’s foreign exemptions. These exemptions may be available for transactions that involve the acquisition of either non-U.S. assets (802.50) or voting securities of non-U.S. entities (802...
After years of indicating that they intended to bring no-poach cases criminally, the DOJ brought indictments recently against members of an alleged conspiracy to not solicit each other’s senior employees. The DOJ now faces a motion to dismiss from the defendants...
The recent motion to dismiss decision in FTC v. Facebook highlights the need for plaintiffs to prove monopoly power as an element of their Section 2 cases. While market share is an important indicator, other types of proof can be introduced. READ NOW: 2 Antitrust...
The judge in the Epic-Apple antitrust case, involving Apple’s app store, faces limited legal precedents and complex market realities. In other words, the type of setting that makes antitrust fun. READ NOW: Judge in Epic Games-Apple US antitrust case faces...
Our Summer Associate Resource Kit is a list of key resources covering major antitrust related tasks that summer associates will typically work on. Use it as you train summer associates and introduce new assignments. READ NOW: Summer Associate Resource Kit: Antitrust...
Use our checklist to conduct an audit of your company’s antitrust compliance program and an audit to determine whether anticompetitive conduct is occurring. Our checklist is written from the perspective of an in-house counsel, but you can also use it and...
The Federal Trade Commission (FTC) continues to closely watch the healthcare industry. Antitrust Practical Guidance contains many useful resources for antitrust practitioners advising clients in the healthcare industry and our resource kit collects all of those...