Eleven attorneys general sue asset managers, alleging ESG investment standards raise coal prices and violate antitrust laws - The ideological battle over the role of Environmental, Social and Governance (ESG) investment...more
The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework...more
The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more
6/25/2024
/ Antitrust Provisions ,
Competition ,
Compliance ,
Distributors ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Price Discrimination ,
Purchasers ,
Retail Market ,
Robinson-Patman Act
Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest...more
On June 27, 2023, the Federal Trade Commission (“FTC”) announced that it is proposing changes to the premerger notification rules that implement the Hart-Scott-Rodino (“HSR”) Act and to the HSR form and instructions...more
Twice in the past month, the Federal Trade Commission unanimously announced consent decrees that allow recent private equity-sponsored deals to close with some divestitures but also impose prior notice requirements for future...more
Last week, the Department of Justice Antitrust Division suffered two trial setbacks in its efforts to bring cases involving alleged anticompetitive conduct in labor markets. Despite these losses, we expect the Division to...more