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Anti-Competitive Dept. of Justice

OTA & Travel Distribution Update - Nov. 10th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending November 10, 2017 is below. Senator Kobuchar’s recent request for an DOJ and FTC investigation into OTAs’ purportedly anti-competitive practices leads this...more

Feds Come Out Against Seattle’s Law to Unionize Rideshare Drivers

by Fisher Phillips on

The gig economy just got a strong ally in its fight to remain union-free: the federal government. The latest development in the ongoing saga involving an attempt to put into place the nation’s first unionization law that...more

Corporate Concentration, Mergers, and Antitrust Enforcement in the Current Political Climate

by Holland & Knight LLP on

Attacking the vigor and effectiveness of antitrust enforcement has become increasingly popular political subject. Just last week, Senator Cory Booker released a letter to the FTC and DOJ urging them to consider the interests...more

EU Retail News - July 2017

by Bryan Cave on

On 18 July 2017, the UK's Advertising Standards Authority ("ASA") published a new report which calls for an end to gender stereotyping in advertising. The report comes at the end of an investigation into this issue, during...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

THE LATEST: Federal Judge Blocks Merger of Nuclear Waste Disposal Companies Rejecting “Failing Firm” Defense

by McDermott Will & Emery on

On June 21, 2017, US District Judge Sue L. Robinson blocked EnergySolutions, Inc.’s proposed acquisition of Waste Control Specialists LLC (WCS), applying a strict standard for the “failing firm” defense to a merger challenge....more

Suit Over Hospitals’ Alleged Anticompetitive Marketing Sent to Trial

Conspiracies between competitors can be hard to prove, even when other parties to the alleged conspiracy have settled. On May 31, 2017, a federal judge denied summary judgment and ruled that the Department of Justice (DOJ)...more

Defending Competitive Harm with Efficiencies: A Fire Swamp of Trouble

by BakerHostetler on

The use of efficiencies as a defense remains without a firm footing in law when a transaction has demonstrable and substantial anticompetitive effects. In Rob Reiner’s classic fantasy adventure The Princess Bride,...more

Court Upholds DOJ Antitrust Lawsuit Challenging Carolinas HealthCare System’s Anti-Steering Provisions

by Hogan Lovells on

Despite a recent decision by the Second Circuit suggesting that anti-steering contractual provisions in other industries may not be anticompetitive, DOJ’s lawsuit (United States v. Carolinas HealthCare System) against...more

Competition Policy in Transition

by Hogan Lovells on

Actor James Dean once said, “I can't change the direction of the wind, but I can adjust my sails to always reach my destination.” Change is constant – industries change, consumers change, competition changes, regulators...more

A tale of two mergers: Following their losses in DOJ merger challenges, Anthem fights on and Aetna gives up

In the past month, the DOJ and several state governments scored two trial wins in their challenges to mergers among some of the country’s largest health insurers. First, Judge Bates of the District of Columbia blocked the...more

"DOJ Continues Streak of Successful Merger Challenges With Blocked Aetna-Humana, Anthem-Cigna Deals"

In a continuation of recent Department of Justice (DOJ) successes challenging mergers, the U.S. District Court for the District of Columbia recently enjoined two more proposed mergers brought and litigated under the Obama...more

Antitrust Alert: FTC Merger Remedies Report Signals Tougher Enforcement

by Jones Day on

The Federal Trade Commission staff have completed a new study evaluating its process for designing and implementing merger remedies and the success of the remedies it has imposed in the past. Its report—"The FTC's Merger...more

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

by Holland & Knight LLP on

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

Will Trump Relax DOJ's Enforcement of Antitrust Laws?

by Holland & Knight LLP on

The Obama Administration has made enforcement of the antitrust laws a priority and has aggressively pursued criminal and civil enforcement actions against large corporations for perceived antitrust violations relating to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Deutsche Bank and the DOJ have put the finishing touches on the deal to resolve the investigation into DB’s role in its sale of toxic RMBS. The bank will fork over $7.2 billion in total, including a $3.1 billion civil penalty...more

Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

by Fisher Phillips on

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors...more

Look Before You Leap: Cautionary Tale of a Non-Reportable Transaction

by McGuireWoods LLP on

The list of non-reportable transactions challenged after the fact by the Department of Justice and the Federal Trade Commission continues to grow. Most recently, the FTC sued Valeant Pharmaceuticals International Inc. to...more

Six Tips to Help HR Professionals Avoid Criminal Antitrust Liability Under New DOJ/FTC Guidance

by Foley & Lardner LLP on

On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the...more

DOJ, FTC Announce Plans to Criminally Prosecute Employers That Enter into Wage-Fixing or No-Poaching Agreements

by Franczek Radelet P.C. on

In the fiercely competitive market for talent, human resources personnel and recruiters inevitably feel the competing pressures of offering compensation packages that are attractive to potential employees and keeping costs...more

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

by FordHarrison on

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

DOJ and FTC Release Antitrust Guidance for HR Professionals

by Littler on

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

HR Personnel (and Employers) Beware: Antitrust Enforcers Warn of Criminal Liability For Compensation, No-Poaching Pacts

by Bass, Berry & Sims PLC on

Human Resources (HR) personnel are now specifically under the scrutiny of the antitrust enforcement agencies. The Department of Justice (DOJ) and Federal Trade Commission (FTC) are typically known for enforcing antitrust laws...more

Further Guidance on the HSR Act Investment-Only Exemption for Seemingly “Passive” Investors Engaging with Management

Investors considering engaging with management should take note of a recent informal interpretation received from the FTC’s Premerger Notification Office (PNO) advising that certain seemingly “passive” behavior is...more

DOJ & FTC Release Antitrust Guidance for HR Professionals

by Burr & Forman on

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a strong warning to HR professionals: certain agreements to fix salaries or limit competition could result...more

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