On December 18, 2024, the Delaware Supreme Court (the “Court”) held in LKQ Corp. v. Rutledge that forfeiture-for-competition provisions in employee equity award agreements are enforceable in certain contexts. This article...more
On August 25, 2023, in Deslandes v. McDonald’s, the Seventh Circuit Court of Appeals vacated and remanded a district court’s dismissal of an antitrust case that challenged no-hire and non-solicitation clauses in McDonald’s...more
On June 25, 2018, the U.S. Supreme Court, in a 5-4 decision by Justice Thomas, held that provisions in American Express Company’s (“American Express”) and its operating subsidiary’s contracts with merchants that restricted...more
7/2/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS
Large online platforms such as Amazon, Facebook and Google have a strong presence in Europe. Although general competition law principles apply to them, cases concerning online platforms give rise to a lot of novel questions...more
4/24/2018
/ Abuse of Dominance ,
AirBnB ,
Amazon ,
Antitrust Provisions ,
Competition Authorities ,
EU ,
Facebook ,
Google ,
Online Platforms ,
Social Networks ,
Treaty on the Functioning of the European Union (TFEU)
The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more
4/20/2018
/ Amazon ,
Antitrust Investigations ,
Antitrust Provisions ,
Coty ,
E-Commerce ,
EU ,
Internet Retailers ,
Manufacturers ,
Product Pricing ,
Retailers ,
Sales & Distribution Agreements ,
Supply Chain ,
Treaty on the Functioning of the European Union (TFEU)
Divining trends in antitrust enforcement in a given presidential administration can take some time. Many commentators didn’t notice material changes in antitrust enforcement in the Obama administration – at least in merger...more
Is this perception well-founded? And does it represent a new policy trend towards ‘social justice’ objectives or simply a continuation of a policy driver that has underpinned EU competition enforcement for some time?...more
4/11/2018
/ Agricultural Sector ,
Anti-Competitive ,
Antitrust Provisions ,
Cartels ,
Competition ,
EU ,
European Commission ,
International Tax Issues ,
Member State ,
Mergers ,
Multinationals ,
R&D ,
State Aid ,
Treaty on the Functioning of the European Union (TFEU) ,
Unfair or Deceptive Trade Practices