On Dec. 18, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued new merger guidelines (Guidelines), finalizing draft guidelines published in July and replacing the 2010 Horizontal Merger...more
On Oct. 30, the White House issued Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Executive Order). In the wide-ranging Executive Order, the White House provides a road...more
In spring 2022, the Department of Justice (the DOJ) announced its intention to aggressively pursue monopolization cases. While the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing...more
10/16/2023
/ Acquisitions ,
Anti-Monopoly ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Memorandum of Understanding ,
Mergers ,
Monopolization ,
Sherman Act
Panelists echoed a familiar tune at the 2023 ABA Antitrust Spring Meeting’s “Views from the Bench”: Judges wish antitrust lawyers and their expert witnesses would do a better job of explaining and narrowing down the factual...more
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse...more
For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league...more
On May 23, 2022, the Federal Trade Commission (FTC), at the prompting of President Joe Biden, announced that it will launch a civil investigation into the ongoing shortage of baby formula throughout the country. The FTC is...more
Almost one year has passed since the Supreme Court’s unanimous antitrust decision in NCAA v. Alston. That well-publicized decision affirmed the District Court’s rejection of the NCAA’s limits on education-related compensation...more
4/27/2022
/ Alston v NCAA ,
Antitrust Provisions ,
College Athletes ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Franchise Agreements ,
Name and Likeness ,
NCAA ,
Non-Compete Agreements ,
Price-Fixing ,
Putative Class Actions ,
Restrictive Covenants ,
Rule-of-Reason Analysis ,
Student Athletes
There’s been a sea change in the political climate. The regulatory forecast is still uncertain, and pharmaceutical evolution continues to develop....more
There has never been a greater emphasis on policing anticompetitive behavior worldwide. Dozens of countries have instituted effective and aggressive cartel enforcement programs following a trend of increased global...more