Mark Cohen

Mark Cohen

Cohen & Gresser LLP

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Apple Found Liable of Conspiracy to Fix Prices in E-books Case

On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon...more

7/15/2013 - Apple Conspiracies e-Books Price-Fixing Publishers

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust...more

3/5/2013 - Cartels Criminal Prosecution Extraterritoriality Rules Price-Fixing SCOTUS Sherman Act

Clear Skies Seen Ahead for the American Airlines/U.S. Airways Merger

The recently announced merger of American Airlines and U.S. Airways creates a new carrier that is a behemoth by any measure. The combined airline will have revenues of $39 billion, slightly larger than the current revenue...more

2/22/2013 - Acquisitions Airline Mergers American Airlines Department of Transportation DOJ Reorganizations US Airways

The FTC Giveth and the FTC Taketh Away: New Proposed Premerger Notification Rules

The Hart-Scott-Rodino (HSR) Act requires qualifying companies to file a premerger notification with the FTC and Department of Justice Antitrust Division (the “Division,” and together with the FTC, the “Agencies”), pay a...more

2/14/2013 - FTC Hart-Scott-Rodino Act Premerger Notifications SEC

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