In 2020, how often did the FTC or DOJ challenge a merger in court? How long did these cases take? What were the outcomes? Find out answers to these questions and more. READ NOW » Related Content Federal Merger Enforcement Tracker Access easy-to-use...
Tying and bundling are functionally similar, but tying carries more antitrust risk, while bundling is generally permissible under the antitrust laws, absent market power. While tying conditions the purchase of one product on a second that the buyer did not want...
For decades, recovery of monetary relief has been a cornerstone of the FTC’s enforcement agenda. The Supreme Court’s April 22 decision eliminates the FTC’s ability to recover monetary relief in Section 13(b) cases, drastically altering the scope...
Speaking at a recent forum on pharmaceutical deals and antitrust, an adviser to acting FTC Commissioner Slaughter said that it’s time to refresh the FTC’s approach to pharma mergers. READ NOW: Enforcers Shouldn’t Be “Bound by Past”...
In-house counsel frequently need to consider the Robinson-Patman Act (RPA), which prohibits certain price discrimination in the sale of goods to competing resellers. Outside counsel may only be consulted by their clients on more tricky compliance issues. Therefore...
Well over 100 jurisdictions worldwide have adopted antitrust merger control laws, and the number continues to grow. As a result, a merger or acquisition involving large multinational companies may trigger merger filing obligations in multiple jurisdictions, especially...
Our survey of 2020 trends in merger remedies at the FTC and DOJ shows that the FTC continues to insist on upfront buyers. Meanwhile, the DOJ is not as stringent. Read about that trend and other market trends in our survey of 2020 merger remedies. READ NOW: Market...
During a presidential transition, and the longer transition to new leadership of the FTC, commissioner statements serve as a useful indicator of how the agency might change enforcement patterns in a new administration. READ NOW: Market Trends 2020: FTC Commissioner...
Long-threatened criminal enforcement of antitrust in the human resources context came to pass with wage-fixing indictments in 2020. READ NOW: Antitrust Concerns in No-Poaching, Wage-Fixing, and Non-Compete Agreements Related Content Exchanges of Competitively...
When reviewing merger agreements, antitrust counsel look at: (1) the filings that are required; (2) whether the transaction poses antitrust risk; and (3) whether the agreement raises additional antitrust issues. READ NOW: Transaction Agreements: Antitrust Issues...
Our Federal Merger Enforcement Tracker provides a summary of all Department of Justice (DOJ) and Federal Trade Commission (FTC) merger enforcement actions since 2015. It includes information on the relevant market, market shares, theory of harm, and any remedy...
Senator Amy Klobuchar recently introduced a new bill that would dramatically overhaul U.S. antitrust laws. READ NOW: The Competition and Antitrust Law Enforcement Reform Act » Related Content Antitrust Law Fundamentals Understand the basics of the...
Practical Guidance provides great resources for antitrust litigators, including templates for filing a summary judgment motion. READ NOW: Motion for Summary Judgment in an Antitrust Case » Related Content Summary Judgment Motions in Antitrust Cases...
In-house counsel know that focusing on antitrust compliance can help prevent or mitigate costly investigations and, down the road, potential litigation and fines. Our Antitrust Compliance Resource Kit provides the resources that in-house and external counsel need...
In 1977, the Supreme Court held (in Illinois Brick v. Illinois ) that indirect purchasers had no standing under the federal antitrust laws. However, several states allow for some type of recovery by or on behalf of indirect purchasers under state laws. This chart...