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Collusion FTC Act

Robinson+Cole Data Privacy + Security Insider

AI and Antitrust: When Does an Algorithm Become an Agreement? Part II

In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more

Morgan Lewis

FTC Scrutinizes Dual Distributor Communications

Morgan Lewis on

A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (FTC) has charged a company with violating Section 5 of the FTC...more

Goodwin

U.S. Antitrust Agencies Continue Enforcement Push Targeting Invitations to Collude

Goodwin on

Recent federal antitrust enforcement activity demonstrates that companies that invite or merely suggest collusive agreements to competitors can be found liable. As the federal antitrust authorities continue their path to...more

McDermott Will & Emery

Drug Testing Company Settles FTC Case Alleging Invitation to Collude

McDermott Will & Emery on

The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an administrative case that alleged DTC Group had invited a competitor to collude with...more

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