In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal...more
DOJ Sees First Merger Win After String of Losses -
Penguin Random House’s planned acquisition of rival Simon & Schuster was blocked by Judge Florence Pan of the US District Court for the District of Columbia on November...more
1/20/2023
/ Activision ,
Appeals ,
BEIS ,
China ,
Department of Justice (DOJ) ,
Divestment ,
Enforcement ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Microsoft ,
New Guidance ,
Semiconductors ,
UK
Without question, 2022 has been a remarkably busy time for the US Department of Justice’s (DOJ’s) Antitrust Division (Division). Over just a few months, the Division rolled out meaningful revisions to its leniency policy...more
9/1/2022
/ Antitrust Division ,
Antitrust Violations ,
Competition ,
Consumer Product Companies ,
Criminal Convictions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Investigations ,
Joe Biden ,
Monopolization ,
Price-Fixing ,
Procurement Collusion Strike Force
The US Court of Appeals for the Seventh Circuit affirmed that welfare benefit plans that bought the drug Humira did not have valid antitrust claims against the patent owner. The Court found that amassing patents by itself is...more
8/11/2022
/ Antitrust Provisions ,
Antitrust Violations ,
Biologics Price Competition and Innovation Act of 2009 ,
Biosimilars ,
Dismissals ,
Health and Welfare Plans ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Pharmaceutical Patents ,
Sherman Act ,
Walker Process Claims
This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing...more
4/8/2022
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Cartels ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Horizontal Merger Guidelines ,
Mergers ,
No-Poaching ,
The Clayton Act ,
Vertical Mergers ,
Wage-Fixing
The US Department of Justice’s (DOJ) Antitrust Division (Division) has continued to actively investigate and pursue alleged criminal violations of antitrust laws and collusive activity in government procurement. US Attorney...more
Expect More Criminal Enforcement & What You Can Do To Minimize Your Risk -
Antitrust cartel and related collusive scheme enforcement is poised to increase. Several factors support this: (1) the Antitrust Division (the...more
5/10/2021
/ Compliance ,
Cross-Border Transactions ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Pharmaceutical Industry ,
Proposed Legislation ,
Risk Management ,
UK Brexit
JANUARY – MARCH 2021: HIGHLIGHTS -
UNITED STATES -
- As the United States rounds the corner toward getting the COVID-19 epidemic under control within its borders, the US antitrust enforcers have seen a major spike in...more
5/4/2021
/ Acquisitions ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
EU ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Technology ,
UK
Antitrust cartel and related collusive scheme enforcement is poised to increase. Several factors support this: (1) the Antitrust Division (the Division) has a 10% budget increase for Fiscal Year (FY) 2021; (2) proposed...more
4/16/2021
/ Affirmative Defenses ,
Anti-Kickback Statute ,
Construction Industry ,
Criminal Antitrust Litigation ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement Actions ,
Financial Services Industry ,
Grand Juries ,
Healthcare ,
McCarran-Ferguson Act ,
Proposed Legislation ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Stark Law ,
Technology Sector