Kathy Osborn on Corporate Counsel

Amendments to China’s Anti-Monopoly Law: What Has Changed and What to Expect

On August 1, 2022, long-awaited amendments to China’s Anti-Monopoly Law — the first ever — will go into effect. These amendments include significantly harsher penalties and fines for certain violations, modifications to the...more

7/7/2022 / Anti-Competitive , Anti-Monopoly , China , Competition , Corporate Counsel , Merger Reviews , Mergers , State Administration for Market Regulation (SAMR)

DOJ Antitrust Chief Previews Additional Antitrust Scrutiny for Interlocking Directorates

During the recent Spring 2022 Enforcers Summit, Department of Justice (DOJ) Antitrust Division chief, Assistant Attorney General for Antitrust Jonathan Kanter, announced that interlocking directorates will face increased...more

4/20/2022 / Antitrust Division , Corporate Counsel , Criminal Penalties , Department of Justice (DOJ) , Monopolization , Sherman Act , The Clayton Act

DOJ Encourages State Court to Consider Antitrust Principles to Invalidate Non-Compete Agreements

Non-compete agreements between employers and their employees traditionally are governed by state law. But that did not stop the Antitrust Division of the Department of Justice (DOJ) from recently filing a statement of...more

3/7/2022 / Antitrust Division , Corporate Counsel , Department of Justice (DOJ) , Employer Liability Issues , Non-Compete Agreements , Restrictive Covenants

DOJ’s Concerns on Board Appointments Are Reminder of Importance of Interlocking Directorate Compliance

The U.S. Department of Justice Antitrust Division (DOJ) recently announced that two top executives of a talent and media agency resigned their positions on the board of directors for a competing business. They did so after...more

8/19/2021 / Antitrust Division , Corporate Counsel , Department of Justice (DOJ) , Federal Trade Commission (FTC) , Interlocking Directorate , Section 8 , Sherman Act , The Clayton Act

Groundbreaking Fourth Circuit Decision Upholds Private Plaintiff’s Successful Effort to Unwind a Consummated Merger

Federal antitrust enforcers have long succeeded at unwinding consummated mergers. By contrast, private antitrust plaintiffs have not successfully forced companies to break up a completed acquisition. Until now. On February...more

2/26/2021 / Acquisitions , Antitrust Division , Corporate Counsel , Department of Justice (DOJ) , Mergers , The Clayton Act

Self-Reporting Criminal Antitrust Violations Can Be in a Company’s and its Employees’ Best Interests

The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA), which provides additional benefits to the Leniency Program within the Department of Justice (DOJ), was reauthorized by President Trump on October 1, 2020....more

10/8/2020 / ACPERA , Antitrust Division , Antitrust Violations , Corporate Counsel , Department of Justice (DOJ) , Self-Reporting

The Insatiable American Antitrust Appetite: What Merger Retrospectives Could Mean for Growing Companies

Antitrust pressures are mounting for merging, growing and already-large companies as the Federal Trade Commission (FTC), Department of Justice (DOJ), congressional panels, presidential candidates and even the American public...more

7/18/2019 / Anti-Competitive , Antitrust Investigations , Antitrust Provisions , Corporate Counsel , Federal Trade Commission (FTC) , Mergers

New Guidance From DOJ Clarifies that Corporate Monitor Selection Process Begins With the Company

Companies that may be subject to monitorship have significant opportunities to shape the outcome of the monitorship and its impact on their operations as illustrated by new guidance released by the Department of Justice (DOJ)...more

11/13/2018 / Corporate Counsel , Deferred Prosecution Agreements , Department of Justice (DOJ) , New Guidance , Non-Prosecution Agreements

Even Minority Interest in a Competitor Could Violate Antitrust Laws

Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more

5/22/2018 / Acquisitions , Antitrust Violations , Corporate Counsel , Department of Justice (DOJ) , Federal Trade Commission (FTC) , Mergers , Minority Shareholders , Popular , Shareholders , Sherman Act

DOJ Updates Answers to Frequently Asked Questions About Antitrust Division's Leniency Program

On January 17, 2017, the Department of Justice’s Antitrust Division (Division) issued the first update to its 2008 Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters (FAQ)...more

1/24/2017 / ACPERA , Antitrust Division , Corporate Counsel , Department of Justice (DOJ) , Leniency Programs

Kathy Osborn

Faegre Drinker Biddle & Reath LLP

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