Lessons Learned: A Government Litigation Case Study
The Latest from the DOJ Antitrust Division
Jones Day Talks: Game Over? Alston and the Future of Pay-for-Play in College Sports
Jones Day Presents: Antitrust, Collusion, and Blockchains
China's Export Policy Changes After U.S. Antitrust Case
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
Court Orders Delisting of Patents from Orange Book and Denies Motion to Dismiss Antitrust Counterclaims for Improper Orange Book Listings. On June 10, Judge Stanley Chesler of the District of New Jersey entered judgment on...more
On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more
For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more
Earlier this month, President Biden announced the formation of a “Strike Force on Unfair and Illegal Pricing.” This strike force will be an interagency group co-chaired by the FTC and DOJ. President Biden stated the group...more
On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al. In this SOI, the agencies...more
Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Senate Judiciary Committee’s December 13, 2023 hearing...more
Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more
The United States Department of Justice (DOJ) actively enforces the Sherman Act within the U.S. and internationally. Generally described, the Sherman Act is a powerful statutory scheme designed to prohibit anti-competitive...more
Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more
Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more
On April 14, a jury in the Eastern District of Texas handed the U.S. Department of Justice its first loss in prosecuting an alleged wage-fixing crime and the first verdict ever in a criminal prosecution of wage-fixing under...more
The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more
In December, the Department of Justice filed its first ever criminal case for price fixing of wages. DOJ indicted the owner of a physical therapist staffing company for instigating a conspiracy among physical therapy...more
What Quanta Storage and Qualcomm mean for Taiwan's businesses. Antitrust litigation in the US continues to focus on competitor interactions. Companies that participate in multiple levels of a supply chain must consider how...more
The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation. After a multi-week trial, an FTC...more
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more
Governmental and private antitrust actions against technology companies expanded in 2018 and 2019, particularly relative to electronics and pharmaceutical companies. This post provides an overview of several important...more
The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions...more
Bad press. Burdensome and costly document and data collections. Unpredictable outcomes. The sometimes-slow pace of justice. It’s easy to understand why parties often prefer early settlement to fighting a lawsuit through trial...more
As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more
There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement. ...more
Can participation in a business or trade association and allegiance to its rules trigger antitrust liability for association members under the Sherman Act? Next term, the Supreme Court will hear Osborn v. Visa Inc., the...more
A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more
In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims...more
The worst antitrust offenses involve conspiracies involving multiple actors. Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or bid-rigging, require...more