College basketball fans think Colgate is a surprisingly good mid-major team. Dentists think Colgate is a dentifrice. But antitrust lawyers know that Colgate stands for the proposition that, generally, an economic actor can freely choose its business partners. Of...
Hart-Scott-Rodino (HSR) thresholds change every year based on changes to gross national product (GNP). In most years, GNP increases, so HSR thresholds increase. However, this past year, GNP decreased, so the HSR thresholds will decrease. Therefore, transactions...
Non-U.S. clients need to know when foreign conduct may be reachable under U.S. antitrust law. The Foreign Trade Antitrust Improvements Act (FTAIA) defines the Sherman Act’s extraterritorial application. READ NOW: Foreign Trade Antitrust Improvements Act...
Courts interpret Section 1 of the Sherman Act to prohibit only unreasonable restraints of trade. The basic elements are (1) concerted activity, (2) unreasonable restraint, and (3) effect on interstate commerce or foreign trade. READ Sherman Act Section 1 Fundamentals...
Economists and economic analysis can aid merging parties in the review of horizontal mergers. Our practice note, written by an economist for a legal audience, reviews the economic analysis and economic tools that economists might employ during a merger review to...
Use our Federal Merger Enforcement Tracker to track all merger cases brought by the FTC or DOJ since 2015. It contains information about the merging parties, a timeline from signing to complaint, the relevant markets, the theory of harm, the outcome, and any remedy...
Antitrust attorneys need to understand how to differentiate between potentially problematic MFNs and less risky MFNs. While MFNs may help to minimize transaction costs and encourage long-term contracts, they may also tend to exclude competitors or facilitated price...
Although the antitrust agencies have not brought Robinson-Patman Act (RPA) cases in quite a while, private plaintiffs still file RPA claims regularly, and those claims often generate court decisions and opinions. This RPA chart lists the names and citations of...