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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

One Year of Action Since President Biden’s Executive Order on Competition

Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more

Biden’s Executive Order on Competition and What it Means for the Manufacturing Industry

It seems that hardly a day passes without an antitrust issue ending up on the front page of the newspaper. In the last several months, politicians, government officials, and enforcers alike continue to focus on their desire...more

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

Potential Antitrust Implications of Most Favored Nation Clauses

Both in the automotive and other industries, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive,...more

Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly...more

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