On Tuesday, November 3, 2020, Americans chose the presidency and the makeup of the United States Congress. With the U.S. election now decided, with the exception of the Georgia Senate races, we are delighted to share with you...more
12/29/2020
/ 5G Network ,
Antitrust Provisions ,
Biden Administration ,
CFIUS ,
Coronavirus/COVID-19 ,
Foreign Investment ,
Healthcare Reform ,
Infectious Diseases ,
Infrastructure ,
Presidential Elections ,
Public Transportation ,
Regulatory Reform ,
Tax Reform
An overhaul of tech antirust policy? Increased telecommunications regulations coupled with expanding telecoms infrastructure? Business as usual for Committee on Foreign Investment in the United States (CFUIS) investigations?...more
On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more
8/20/2020
/ 5G Network ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
FRAND ,
Intellectual Property Protection ,
IP License ,
Microchip Technology ,
OEM ,
Patents ,
Qualcomm ,
Sherman Act ,
Standard Essential Patents ,
Suppliers ,
Wireless Technology
On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to...more
On 24 March 2020 the Antitrust Division of the Department of Justice (DOJ) and the Bureau of Competition of the Federal Trade Commission (FTC) (collectively the agencies) released a joint statement providing guidance to the...more
Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid -
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more
3/23/2020
/ Antitrust Provisions ,
BSA/AML ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Monopolization ,
Threshold Requirements
On 11 March 2020 the U.S. Department of Justice (DOJ) held a workshop to discuss comments on the draft vertical merger guidelines (the guidelines) published by DOJ and the Federal Trade Commission (FTC) on 10 January 2020....more
On 11 February 2020 Federal Trade Commission (FTC) announced that it has issued Special Orders to five large technology firms requiring them to “provide information about prior acquisitions not reported to the antitrust...more
2/13/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Popular ,
Regulatory Requirements ,
Reporting Requirements ,
Request For Information ,
Threshold Requirements
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have extended the deadline for public comments on the draft vertical merger guidelines (the Guidelines), which were published jointly by the agencies on 10...more
2/5/2020
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Deadlines ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers
On Friday, 10 January 2020 the Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the agencies) announced the publication of draft vertical merger guidelines that describe how the agencies currently...more
1/14/2020
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers
On 12 December 2019, the Department of Justice Antitrust Division (DOJ) announced that it has entered into a proposed consent decree with the National Association for College Admission Counseling (NACAC) settling charges that...more
12/16/2019
/ Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Code of Conduct ,
Competition ,
Consent Decrees ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Ethical Standards ,
Ethics ,
Mobile Devices ,
Regulatory Requirements ,
Trade Associations
Read the latest news on antitrust, competition and economic regulation (ACER) in this Autumn's edition of our quarterly ACER newsletter.
Algorithms in the spotlight of antitrust authorities -
Joint study by the...more
12/10/2019
/ Algorithms ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Belgian Competition Authority ,
Belgium ,
Competition ,
Department of Justice (DOJ) ,
Digital Marketplace ,
EU ,
Germany ,
Hart-Scott-Rodino Act ,
Luxembourg ,
Merger Controls ,
Netherlands ,
Popular ,
Public Procurement Policies ,
Regulatory Standards ,
Statutory Violations
On 18 November 2019 the American Bar Association's Antitrust Law Section hosted its annual Antitrust Fall Forum. This year, the Fall Forum focused its discussions on a range of issues that could arise from the agencies'...more
12/3/2019
/ American Bar Association (ABA) ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Big Data ,
Consent Decrees ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Enforcement Actions ,
Enforcement Statistics ,
Federal Agency Taskforce ,
Federal Trade Commission (FTC) ,
FTC Act
Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s...more
10/31/2019
/ 5G Network ,
Big Tech ,
Business Model ,
Competition ,
Copyright ,
Corporate Taxes ,
Cybersecurity ,
Data Protection ,
Digital Platforms ,
Enforcement Programs ,
EU ,
Freedom of Expression ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Privacy Concerns ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
United Arab Emirates (UAE)
In a decision following a 10-day bench trial, Judge Lucy H. Koh ruled on May 21, 2019 in favor of plaintiff U.S. Federal Trade Commission (“FTC”) that defendant Qualcomm, Inc.’s (“Qualcomm’s”) licensing practices relating to...more
6/12/2019
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Cell Phones ,
Corporate Counsel ,
Exclusive Licenses ,
Federal Trade Commission (FTC) ,
FRAND ,
FTC Act ,
Intellectual Property Protection ,
Internal Communications ,
IP License ,
Microchip Technology ,
Monopolization ,
Patent Royalties ,
Qualcomm ,
Sherman Act ,
Standard Essential Patents ,
Telecommunications
Representatives from antitrust enforcement agencies around the world converged in Washington, D.C. last week to attend the American Bar Association's 67th Spring Meeting of the Section of Antitrust Law.
...more
On 26 February 2019 AT&T won its appeal at the U.S. Court of Appeals for the District of Columbia Circuit when the district court's decision denying the government's attempt to block AT&T from acquiring Time Warner Inc. was...more
A resounding complaint from merging parties heard time and time again is the negative impact on operations resulting from protracted merger reviews that consume significant resources. The duration of the merger review process...more
Are some tech companies using their cache of big data to crush competition?
U.S. regulators don’t think so. At the U.S. Department of Justice (DOJ) Technology Policy Institute Conference in August 2018, Deputy Assistant...more
9/27/2018
/ Antitrust Investigations ,
Antitrust Provisions ,
Big Data ,
Cartels ,
Competition ,
Consumer Protection Laws ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
Regulatory Oversight ,
Regulatory Standards ,
Technology Sector
Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter.
...more
9/19/2018
/ Algorithms ,
Anti-Competitive ,
Anti-Steering Rules ,
Antitrust Provisions ,
Antitrust Violations ,
AT&T ,
China ,
Competition ,
Competition Act ,
EU ,
Excessive Pricing ,
False Advertising ,
Foreign Investment ,
Internet Retailers ,
Legislative Agendas ,
Merger Controls ,
Monopolization ,
National Health Service Corp (NHSC) ,
Ohio v American Express ,
Pfizer ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Oversight ,
Regulatory Standards ,
SCOTUS ,
Single Entity Rule ,
Telecommunications ,
Time Warner ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Unfair or Deceptive Trade Practices
Amid the ongoing discussion surrounding “net neutrality,” the FTC’s role in overseeing broadband Internet access service (BIAS) has received increasing scrutiny following the recent passage of the FCC’s Restoring Internet...more
7/2/2018
/ Anti-Competitive ,
Broadband ,
Enforcement Authority ,
FCC ,
Federal Trade Commission (FTC) ,
Internet ,
Internet Service Providers (ISPs) ,
Memorandum of Understanding ,
Net Neutrality ,
Open Internet Rules ,
Regulatory Oversight ,
Regulatory Requirements
AI technologies present a variety of commercial opportunities and the potential to change our daily lives. At the same time, there are many legal, policy, commercial and strategic challenges that need to be considered across...more
5/18/2018
/ Acquisitions ,
Artificial Intelligence ,
Blockchain ,
Broadband ,
Cloud Computing ,
FCC ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Mergers ,
Net Neutrality ,
Privacy Concerns
At the ICN's recent annual conference in New Delhi, the Merger Working Group released a report summarizing the group's findings from a survey of NCAs on their approach to vertical mergers. Vertical mergers were a main theme...more
On 27 February 2018, the U.S. Court of Appeals for the Ninth Circuit ruled unanimously in an en banc decision that the Federal Trade Commission (FTC) may bring enforcement actions against AT&T and other telecommunications...more
3/6/2018
/ AT&T ,
Broadband ,
Common Carriers ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet ,
Internet Service Providers (ISPs) ,
Memorandum of Understanding ,
Telecommunications ,
Wireless Industry
Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
...more