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
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
6/23/2021
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Big Tech ,
Burden of Proof ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Mergers ,
Monopolization ,
Proposed Legislation ,
Rebuttable Presumptions ,
Section 7 ,
Technology Sector ,
The Clayton Act
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
3/10/2021
/ Antitrust Provisions ,
Appeals ,
Certiorari ,
College Athletes ,
Joint Venture ,
NCAA ,
Oral Argument ,
Proposed Legislation ,
Rule-of-Reason Analysis ,
SCOTUS ,
Sherman Act
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
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
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
7/6/2020
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Regulatory Agenda ,
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
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
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
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
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
Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds are effective today, January 26, 2017....more