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Back to the Antitrust Basics: FTC and DOJ Call for Case-by-Case Enforcement With the Withdrawal of Longstanding Competitor...

With the US Department of Justice (DOJ) and Federal Trade Commission (FTC) withdrawing yet another set of antitrust compliance guidelines last month, companies that collaborate with their competitors — whether directly or...more

ESG Update: Congress Questions Whether ESG-Related Coalitions Violate Antitrust Laws

Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb...more

DOJ Statement of Interest Offers Reminder for Trade Associations

The US Department of Justice (DOJ) recently issued a Statement of Interest that underscores the need for careful evaluation of every survey and other information exchange managed by trade associations for the unique risks to...more

Is the Robinson-Patman Act Returning? Or Was It Never Really Gone?

The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private...more

DOJ Antitrust Division Announces Withdrawal of Information Sharing Safety Zone

On February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki announced that the US Department of Justice (DOJ) Antitrust Division was revisiting and withdrawing several policy statements that provided a key...more

DOJ to Associations: Every Statement May Be an Antitrust Violation

Trade associations and other cooperatives should heed the warning implied by the US Department of Justice’s aggressive stance in a recent court filing Trade associations and other cooperatives should heed the warning...more

Antitrust Enforcement in 2020 Offers Lessons for Associations in 2021

Recent antitrust activity is instructive for associations to identify and limit key areas of antitrust risk. Here are some highlights from 2020: Certification and Accreditation Programs Are Pro-Competitive Functions of...more

DOJ and FTC’s New Vertical Merger Guidelines Offer Reminder About Information Sharing

The US Department of Justice and the Federal Trade Commission recently issued an updated set of guidelines for “vertical mergers,” or mergers between companies at different levels of the supply or distribution chain. The...more

DOJ Antitrust Business Review Letter Confirms Trade Associations Can Remain Relevant to the Virtual Marketplace

The US Department of Justice issued a business review letter on April 16, 2020, that confirms trade associations can remain relevant and valuable as they manage an escalated emphasis on supporting online marketplaces. The DOJ...more

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