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Digital Collusion or Warp-Speed Competition? Evaluating the Agreement Element in the Algorithmic Pricing Antitrust Cases

Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a...more

New Merger Guidelines Cap Off a Year of Hostility to Employers — 2023 Closes With Antitrust Agencies’ Most Radical Foray Yet

The year in antitrust began apace on January 5 with the release of the Federal Trade Commission’s proposed rule banning all employer-employee noncompete agreements. At mid-year, the FTC and the Antitrust Division of the...more

When Referrals Are Felonies: Health Care Providers Should Review Their Referral Practices to Avoid the DOJ’s Wrath

The medical “referral” is, of course, part and parcel of the everyday work of our nation of specialized health care providers. Exclusive referral arrangements in which...more

So You Want to Enter the Cannabis Industry — Antitrust Basics for the New Market Entrant

The cannabis industry is booming. Legal pot is now a more than $10 billion industry in the United States, supplying hundreds of thousands of American jobs. As states continue the trend toward legalization, and the federal...more

The Latest “Hipster Antitrust” Battleground – Vertical Merger Enforcement

On January 10, 2020, the Department of Justice and the Federal Trade Commission released for comment a draft of their Vertical Merger Guidelines, the first update since 1984....more

Say Cheese: With the “Right to Repair” Debate Simmering, the Supreme Court’s Aging Kodak Decision Is Ready for Its Close-Up

While dissenting from the Supreme Court’s 1992 decision in Eastman Kodak Co. v. Image Technical Services, Inc., Justice Scalia warned that the opinion “threatens to release a torrent of litigation and a flood of commercial...more

DOJ Provides Even More Reason to Enhance (Or Create) Corporate Antitrust Compliance Programs

While the Department of Justice's enforcement and policy priorities change from administration to administration, one priority has not, dating to the Clinton era: The DOJ's Antitrust Division loves to prosecute price-fixing...more

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