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Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense

On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government...more

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more

FTC Defeats Facebook Motion to Dismiss Amended Complaint

The FTC's case against Facebook will be allowed to proceed now that the district court has held its Amended Complaint plausibly alleged violations of Section 2 of the Sherman Act related to Facebook's acquisition of Instagram...more

Second Circuit Upholds Settlement Agreements Among Competitors Not to Bid on Rivals’ Names as Keywords

On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission (FTC)'s administrative order against 1-800 Contacts Inc., the nation's largest online retailer of contact lenses. The...more

DOJ and FTC Release Final Vertical Merger Guidelines

On June 30, 2020, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (the Agencies) issued new guidelines governing for vertical mergers and acquisitions. The Guidelines replace and supersede the DOJ's...more

Disruptive Forces: Antitrust in 2018

Disruptive Forces 2 - - Netflix – a threat to broadcast and cable TV operators? - Amazon – a threat to grocery and retail more broadly? - Apple and Facebook – a threat to would-be rivals? - Google – a threat to...more

DOJ and FTC Put HR Executives on Notice That Anticompetitive Hiring and Compensation Practices May Be Subject to Criminal...

On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued “Antitrust Guidance for Human Resources (HR) Professionals.” The jointly prepared guidance—directed at HR...more

Seventh Circuit Decrees That Package Size Alone Is Not Enough for a Robinson-Patman Claim

On August 12, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Woodman's Farm Market, Inc. v. The Clorox Co., No. 15-3001 (7th Cir. August 12, 2016), in which it held that a plaintiff cannot state...more

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