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Florida Law to Restrict the Use of Certain ESG Factors by Asset Managers and Financial Institutions

The legislation mirrors anti-“industry boycott” legislation introduced or passed in other US states and provides more explicit rubrics of prohibited factors. On May 5, 2023, Florida Governor Ron DeSantis signed into law...more

ESG Initiatives Face Increased Pressure From Potential Antitrust Challenges

A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. Key Points: ..ESG investing initiatives are not...more

US Federal Judge: Efficiencies Analysis Inadmissible in Antitrust Merger Trial

A recent US federal district court ruling finding a defendant’s evidence of cost savings inadmissible could change how efficiencies evidence is presented in merger cases. A US federal district court ruling last month has...more

Federal Judge Affirms Enforceability of Judgment Sharing Provisions in Antitrust Cases

A recent district court order finds that JSAs can serve a legitimate purpose of controlling parties’ exposure and preventing coercive settlements. Antitrust conspiracy claims pose significant monetary risks, including...more

US Courts Annual Review

Global Competition Review is a leading source of news and insight on competition law, economics, policy and practice, allowing subscribers to stay apprised of the most important developments around the world. Alongside the...more

DOJ Files Unusual Suit to Unwind a Consummated Merger: 3 Lessons

The suit of a merger that had already cleared HSR review serves as a reminder that parties should not assume clearance confers immunity from scrutiny. Update: On September 26, 2017, the US Department of Justice’s...more

Class Action Defendants Likely to Benefit if House Bill Becomes Law

The Fairness in Class Action Litigation Act, passed by the House of Representatives on March 9, 2017, may significantly change how class action cases proceed under Rule 23. Key Points: ..The Act addresses a range of...more

Supreme Court Denies Cert in Lamictal Pay-For-Delay Litigation

Third Circuit has previously ruled that non-cash payments to settle patent litigation may violate antitrust laws. On November 7, 2016, the Supreme Court of the United States declined to hear the petition of...more

The Department of Justice Will Criminally Prosecute Employee No-Poaching and Wage-Fixing Agreements

Companies across industries should review hiring policies pre-emptively to avoid serious law enforcement consequences. On October 20, 2016, the Department of Justice’s Antitrust Division (Antitrust Division) and the...more

Antitrust Division’s Stepped-up Level of Enforcement Is Expected To Continue Into 2015

“Enhanced enforcement is going to continue throughout this administration, and there are several factors that play into that,” said Latham & Watkins partner Lawrence Buterman. “The DOJ’s Antitrust Division has been quite...more

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