In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more
11/15/2022
/ Board of Directors ,
Competition ,
Compliance ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interlocking Directorate ,
Section 5 ,
Sherman Act ,
The Clayton Act ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
Hi, I'm Mikaela Evans-Aziz. I'm an associate in the antitrust group at Wilson Sonsini and I'm joined here today by my colleague Jon Jacobson. Thanks so much, Jon, for joining us today. We're going to be speaking about...more
Wilson Sonsini’s Senior Of Counsel Jon Jacobson and associate Mikaela Evans-Aziz provide an overview of antitrust laws in the United States. In this episode, they discuss a variety of topics, including:
• U.S. antitrust laws...more
The FTC's case against Facebook will be allowed to proceed now that the district court has held its Amended Complaint plausibly alleged violations of Section 2 of the Sherman Act related to Facebook's acquisition of Instagram...more
1/19/2022
/ Acquisitions ,
Antitrust Provisions ,
Big Tech ,
Corporate Counsel ,
Facebook ,
Federal Trade Commission (FTC) ,
Instagram ,
Monopolization ,
Sherman Act ,
Social Media ,
WhatsApp
On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission (FTC)'s administrative order against 1-800 Contacts Inc., the nation's largest online retailer of contact lenses. The...more
On June 30, 2020, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (the Agencies) issued new guidelines governing for vertical mergers and acquisitions. The Guidelines replace and supersede the DOJ's...more
In one of the year's most anticipated antitrust decisions, Ohio et al. v American Express Co., the U.S. Supreme Court has ruled that courts considering allegations of anticompetitive behavior by companies that operate...more
6/27/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS
Disruptive Forces 2 -
- Netflix – a threat to broadcast and cable TV operators?
- Amazon – a threat to grocery and retail more broadly?
- Apple and Facebook – a threat to would-be rivals?
- Google – a threat to...more
1/26/2018
/ Acquisitions ,
Amazon ,
Antitrust Provisions ,
Apple ,
Business Disruption ,
Department of Justice (DOJ) ,
Disruptive Technology ,
EU ,
Federal Trade Commission (FTC) ,
Google ,
Mergers ,
Netflix
On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued “Antitrust Guidance for Human Resources (HR) Professionals.” The jointly prepared guidance—directed at HR...more
On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more
9/23/2016
/ Abstention ,
Amicus Briefs ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Appeals ,
China ,
Comity ,
Dismissal With Prejudice ,
Exports ,
Judicial Deference ,
Jury Verdicts ,
MOFCOM ,
Price-Fixing ,
Vacated
On August 12, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Woodman's Farm Market, Inc. v. The Clorox Co., No. 15-3001 (7th Cir. August 12, 2016), in which it held that a plaintiff cannot state...more
On February 4, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment dismissing "per se" antitrust tying claims brought by a local concert promoter (It's My Party, or IMP) against its...more
On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal...more
On June 12, 2014, the General Court in Luxembourg upheld the European Commission's 2009 (record) fine of €1.06 billion against Intel for abusing its dominant position in the market for x86 CPU microprocessors by offering...more