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Stay Above Board In 2024: New Thresholds Applicable to Clayton Act Prohibition on Interlocking Directorates

The Federal Trade Commission recently announced revised thresholds (“2024 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more

Biden Administration Files Two New Lawsuits Aimed at Exclusionary Conduct and Information Exchanges

This week’s filings by the Federal Trade Commission (“FTC”) against Amazon.com, Inc. (“Amazon”) and the Department of Justice Antitrust Division (“DOJ”) against Agri Stats, Inc. (“Agri Stats”) exemplify the agencies’ broad...more

Government Shutdown’s Impact on Antitrust Merger Review

With one day for Congress to enact appropriations funding federal government operations, the Federal Trade Commission and Department of Justice, Antitrust Division (the “Agencies”) each issued a contingency plan (the “Plans”)...more

A Noisy Exit by FTC Commissioner Wilson

Commissioner Christine Wilson announced her resignation from the Federal Trade Commission (“FTC”) on February 14, 2023 in a Wall Street Journal Op-Ed. Commissioner Wilson’s very public resignation confirms the deep divide...more

Stay above board: new thresholds applicable to Clayton Act prohibition on interlocking directorates

The Federal Trade Commission recently announced revised thresholds (“2023 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more

With its Latest Antitrust Nomination, Biden Administration Doubles-Down on its Big Tech Enforcement Focus

After leaving the position vacant for six long months, the Biden Administration announced that it would nominate Jonathan Kanter for the position of Assistant Attorney General for the Antitrust Division at the Department of...more

Elevating Antitrust Issues: President Biden’s New Executive Order

During an already busy year for antitrust legislative and regulatory proposals, on July 9, 2021, President Biden issued Executive Order 14036: “Promoting Competition in the American Economy.” The Executive Order (“EO”)...more

From Big Tech Critic to Head Regulator: Lina Khan Will Lead the FTC with Bipartisan Support

Four days after Congress introduced five antitrust bills with significant levels of bipartisan support, President Biden appointed - and Congress overwhelmingly approved - notable Big Tech critic Lina Khan to be the Chair of...more

New Antitrust Bills Highlight Continued Big Tech Scrutiny

2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more

The Application of the Antitrust Laws to Joint Ventures to Be Considered by the Supreme Court

Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more

A New Wrinkle in Antitrust Litigation - Private Plaintiff Forces Divestiture

On February 18, 2021, the Fourth Circuit Court of Appeals upheld a district court’s ground-breaking order requiring divestiture several years after a completed merger. With hindsight, the merger was found to be...more

Big Tech Under Fire: New Antitrust Bill Targets “Extremely Large” Companies

On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced S. 225, the Competition and Antitrust Law Enforcement Act of 2021 (the “Bill”). The Bill amends the Clayton Act in three key areas: (1)...more

Global Antitrust & FDI Tracker Maps: How is COVID-19 impacting antitrust enforcement, merger control, state aid and foreign direct...

BCLP’s global Antitrust & Competition team have been tracking the various ways COVID-19 is impacting antitrust enforcement, merger control, state aid and foreign direct investment rules ("FDI") in key jurisdictions around the...more

Global Antitrust Tracker Maps: How is COVID-19 impacting antitrust enforcement, merger control and state aid?

BCLP’s global Antitrust & Competition team have been tracking the various ways COVID-19 is impacting antitrust enforcement, merger control, state aid and foreign direct investment rules ("FDI") in key jurisdictions around the...more

Global Antitrust Tracker Maps: How is COVID-19 impacting antitrust enforcement, merger control and state aid?

BCLP’s global Antitrust & Competition team have been tracking the various ways COVID-19 is impacting antitrust enforcement, merger control, state aid and foreign direct investment rules ("FDI") in key jurisdictions around the...more

Global Antitrust Tracker Maps: How is COVID-19 impacting antitrust enforcement, merger control and state aid?

BCLP’s global Antitrust & Competition team have been tracking the various ways COVID-19 is impacting antitrust enforcement, merger control, state aid and foreign direct investment rules ("FDI") in key jurisdictions around the...more

U.S. Antitrust Agencies Seek To Provide Expedited Responses To Competitor Collaboration Business Evaluation Requests

Competitors, especially healthcare providers, are actively seeking ways to engage in collaborative efforts to help address the COVID-19 outbreak. Appreciating the challenge, necessity, and time pressures of such competitor...more

DOJ Criminal Division Issues New Guidance To Encourage Corporate Compliance With U.S. Antitrust Laws

The Antitrust Division of the United States Department of Justice (“DOJ”) announced that it will give credit to corporations that invest in robust antitrust compliance programs in handling criminal violations of US antitrust...more

Supreme Court Holds American Express’s Antisteering Rules Don’t Violate Antitrust Laws

On June 25, 2018 the Supreme Court ruled, in a 5-4 decision, that American Express’s antisteering rules do not violate federal antitrust laws. In reaching this conclusion the Court determined that, for two-sided markets like...more

Antitrust Division Launches Global Antitrust Enforcement Framework

The Antitrust Division of the United States Department of Justice (“DOJ”) recently announced that it will spearhead an effort to create a new international antitrust enforcement framework. At a June 1st discussion before the...more

Third Circuit Establishes New Framework for Determining Direct Purchaser Standing in Price-Fixing Litigation

In a decision with broad implications for future antitrust litigation, the Third Circuit recently established a framework for determining antitrust standing in circumstances where a direct purchaser plaintiff has alleged the...more

President Trump Nears Full Slate of Nominees for FTC

President Trump has announced an additional nominee for the Federal Trade Commission, naming Christine Wilson to fill the remaining Republican seat. Ms. Wilson currently serves as a Senior Vice President at Delta Airlines,...more

Supreme Court to Review Antitrust Suit Over AmEx Merchant Rules

The retail industry should have great interest in a case set to be decided the Supreme Court this term, the outcome of which will affect the terms and conditions of credit card acceptance for all merchants. The Supreme...more

Supreme Court to Take Up Rule of Reason Analysis in Two-sided Markets Antitrust Case

On Monday, October 17, the Supreme Court granted certiorari to review the Second Circuit’s decision in Ohio v. American Express, suggesting that the Court may be ready to shed additional light on the “rule of reason” test...more

Update of the Department of Justice Antitrust Division’s Frequently Asked Questions about the Leniency Program and Model Leniency...

On January 17, 2017, the Antitrust Division of the U.S. Department of Justice (“Antitrust Division”) issued an update to its 2008 “Frequently Asked Questions about the Antitrust Division’s Leniency Program and Model Leniency...more

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