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Five Tips for Navigating Antitrust Risk from Algorithmic Pricing Software

In recent years, both private plaintiffs and the government have increasingly scrutinized businesses’ use of “algorithmic pricing” software, leading to a wave of antitrust lawsuits and enforcement actions. These softwares,...more

FTC Issues Warning on the Use of Algorithms to Recommend or Set Prices

The U.S. Federal Trade Commission (FTC) recently published a blog post warning that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. The FTC...more

JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

The U.S. District Court for the District of Massachusetts recently issued a long-anticipated ruling in an antitrust challenge to the so-called Northeast Alliance, or NEA, between American Airlines Group Inc. and JetBlue...more

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more

FTC Releases New Policy Statement on “Unfair Methods of Competition” Enforcement under Section 5 of the FTC Act

As part of the Biden Administration’s ongoing efforts to reinvigorate antitrust enforcement and the promotion of competition, on November 10, 2022, the Federal Trade Commission (FTC) released a new “Policy Statement Regarding...more

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more

For Single-Enterprise Immunity, the Bottom Line May Be Having One Bottom Line

A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically...more

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