The Hart-Scott-Rodino Act (HSR Act) is a procedural statute that requires parties to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) of proposed acquisitions that exceed certain thresholds. After...more
The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying its intent to potentially use materials received in response to CIDs to launch secondary...more
9/20/2020
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Investigation Demand ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
On April 8, 2020, Judge Leonard Stark of the U.S. District Court for the District of Delaware denied an injunction requested by the Antitrust Division of the U.S. Department of Justice (“DOJ”) to block Sabre Corp.’s $360...more
The global COVID-19 pandemic has changed how merger enforcement regimes around the world are currently reviewing proposed transactions. Two weeks into the new environment, we now have a body of experience from which to assess...more
4/1/2020
/ Antitrust Provisions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
United States
Efforts to combat the COVID-19 pandemic or to respond to related supply shocks or other collateral consequences may give companies reason to collaborate with competitors in ways that could benefit the public, but which...more
3/31/2020
/ Antitrust Exemption ,
Antitrust Violations ,
Collaboration ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health and Safety ,
Popular ,
Public Health Emergency ,
Risk Assessment ,
State of Emergency
Question: Can a company have both an effective antitrust compliance program and an antitrust violation?
DOJ before June 11, 2019: Nope.
DOJ today: Yes, and your company may even get a deferred prosecution agreement if...more
7/15/2019
/ Antitrust Violations ,
Board of Directors ,
Chief Compliance Officers ,
Compliance ,
Corporate Counsel ,
Criminal Antitrust Litigation ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Employee Training ,
Incentives ,
Internal Controls ,
New Guidance ,
Recordkeeping Requirements ,
Risk Assessment ,
Risk Mitigation
The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer a total of €111 million for imposing fixed or...more
8/17/2018
/ Algorithms ,
Antitrust Violations ,
Consumer Product Companies ,
E-Commerce ,
Enforcement Actions ,
EU ,
European Commission ,
Fines ,
Internet Retailers ,
Manufacturers ,
Resale Price Maintenance (RPM) ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Restraints
In Ohio v. American Express Co., the United States Supreme Court held that American Express Co. (Amex) did not violate Section 1 of the Sherman Antitrust Act by including “antisteering” provisions in its agreements with...more
7/3/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS ,
Sherman Act