It is said that people “come together” in times of crisis. Yet, businesses should be wary of collaboration with their rivals because antitrust laws apply equally in times of emergency as well as prosperity. Indeed, recent...more
In my last post, I discussed one of Judge Kavanaugh's antitrust opinions, in which he argued for a "modern approach" to antitrust law. Others have similarly commented on Kavanaugh's willingness to modernize antitrust law by...more
According to several news outlets, the Department of Justice has called on AT&T and Time Warner to sell DirectTV or Turner Broadcasting, which includes CNN, in order to gain approval of AT&T's $84.5 billion acquisition of...more
Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one was criminal and the other civil, but they...more
8/11/2015
/ Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Extraterritoriality Rules ,
Foreign Subsidiaries ,
FTAIA ,
Motorola ,
Petition for Writ of Certiorari ,
Price-Fixing ,
SCOTUS
For any company looking to enter into a merger or acquisition, the laundry list of necessary pre-closing tasks can start to add up. But, just as companies must complete due diligence and identify negotiation strategies, it...more
A federal court has ruled that the NCAA cannot ban schools from giving athletes money based on their name, image and likeness, and cannot impose a salary cap below $5,000. See O'Bannon v. NCAA (N.D. Calif Aug. 8, 2014). The...more