Benjamin Eichel

Benjamin Eichel

Pepper Hamilton LLP

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Lessons Learned from the Staples/Office Depot Merger Challenge

Companies contemplating mergers should review the effect of the transaction on each customer type, application and product, not just on the broad customer base. The U.S. District Court for the District of Columbia...more

6/1/2016 - Competition Corporate Counsel FTC Merger Agreements Office Depot Preliminary Injunctions Retailers Staples

Federal Judge in Ohio Accepts Future Competition Theory: Parties Should Proceed with Caution in Deals to Acquire Potential...

The court’s decision in FTC v. Steris demonstrates the importance of conducting a thorough antitrust analysis of all aspects of a merger or acquisition from every possible angle, including likely future competition. On...more

9/9/2015 - Acquisition Agreements FDA FTC Healthcare Horizontal Mergers Medical Devices Preliminary Injunctions The Clayton Act

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more

12/24/2014 - Appeals Cartels Foreign Subsidiaries FTAIA Manufacturers Motorola Multidistrict Litigation Price-Fixing Sherman Act Supply Chain

Promotion Of Arbitration In The 21st Century

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

5/17/2013 - Arbitration Federal Arbitration Act SCOTUS

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