New guidelines from the Department of Justice (DOJ) Criminal Division emphasize that “individualized determinations” will drive the evaluation of corporate compliance programs. Announced June 1, 2020, these revisions also...more
Attorneys and business people working remotely can learn some antitrust and intellectual property law from those little building blocks keeping some children occupied during stay-at-home orders.
In October of 2018, Hong...more
In response to the COVID-19 pandemic, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) committed to providing the DOJ’s Business Review Letters (BRLs) and the FTC’s Advisory Opinions (AOs) on an...more
On April 13, 2020, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) issued their Joint Antitrust Statement Regarding COVID-19 and Competition In Labor Markets (Joint...more
The U.S. Court of Appeals for the Seventh Circuit recently issued an important decision regarding who may sue to recover damages for purchasing goods at a higher price due to cartel or monopoly overcharges. The case, Marion...more
In response to the COVID-19 pandemic, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) committed to providing the DOJ’s Business Review Letters (BRLs) and the FTC’s Advisory Opinions (AOs) on an...more
Recent developments show that, while the Department of Justice (DOJ) is willing to offer incentives for cooperation with criminal antitrust investigations, it also is increasing the resources to root out and uncover...more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) (and collectively, the agencies) issued on March 24, 2020 their Joint Antitrust Statement Regarding COVID-19 (Joint Statement) regarding their respective...more
COVID-19 (commonly known as the coronavirus) continues to cause unprecedented disruptions to the economy and supply chains worldwide. Consumer preferences have shifted rapidly as well, placing unusual demand pressure on...more
Businesses are taking drastic measures to protect consumers and employees during the COVID-19 (commonly referred to as the coronavirus) outbreak, and they are utilizing trade associations and other meetings with competitors...more
Nationwide, federal prosecution of white-collar offenders may be hitting an all-time low. According to an analysis by Syracuse University, the last time white-collar prosecutions reached this level was during the Reagan...more
On January 28, 2020, the Federal Trade Commission (FTC) published adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. Companies...more
1/31/2020
/ Acquisitions ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
After a trial court approved a guardian’s intermittent accounting without notice or a hearing, the Indiana Court of Appeals reversed, ordered a new hearing and vacated an attorneys’ fee award....more
On January 10, 2020, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) Bureau of Competition published their Draft Vertical Merger Guidelines (Draft Guidelines). This was the first...more
United States Senators Thom Tillis (R-NC) and Chris Coons (D-DE) recently sent a bipartisan letter to the U.S. Department of Justice (DOJ) requesting clarity surrounding the DOJ’s antitrust enforcement policy against holders...more
The criminal division of the U.S. Department of Justice formalized the criteria it will use to evaluate corporate defendants’ claims of inability to pay fines or monetary penalties. The memorandum, published October 8, 2019,...more
Antitrust pressures are mounting for merging, growing and already-large companies as the Federal Trade Commission (FTC), Department of Justice (DOJ), congressional panels, presidential candidates and even the American public...more
In a sweeping policy change announced this past week, the Department of Justice Antitrust Division announced it will consider corporate compliance at the charging stage in criminal antitrust investigations. This is the first...more
On May 13, 2019, the Supreme Court issued its most recent decision relating to antitrust class action litigation. The case, Apple Inc. v. Pepper, No. 17-204, could represent a significant shift in antitrust class action...more
5/24/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
Bad press. Burdensome and costly document and data collections. Unpredictable outcomes. The sometimes-slow pace of justice. It’s easy to understand why parties often prefer early settlement to fighting a lawsuit through trial...more
Companies that may be subject to monitorship have significant opportunities to shape the outcome of the monitorship and its impact on their operations as illustrated by new guidance released by the Department of Justice (DOJ)...more
Recent amendments to the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA), titled the Patient Right to Know Drug Prices Act, require parties to inform regulatory authorities of executed settlement...more
On June 28, 2018, U.S. Senators Elizabeth Warren and Cory Booker sent a letter to the heads of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) requesting those agencies to revisit their guidance on...more
After working for years to become more independent, Richmond native Jamie Beck has made Indiana history in how she successfully terminated the letters of guardianship over her. Indiana Disability Rights (IDR) recently...more
Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more