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Exclusionary Clauses Federal Trade Commission (FTC)

Morrison & Foerster LLP

FTC Lays Groundwork For Rulemakings: Are New Substantive Competition Rules Coming?

The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more

Latham & Watkins LLP

Narrowing the Gap for the Price-Cost Test: Lessons From Eisai v. Sanofi-Aventis

Latham & Watkins LLP on

For companies that rely on price discounting as a sales and marketing tool, navigating antitrust risk can be difficult. Lower prices always benefit customers in the short run, but economic theory creates room for plaintiffs...more

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