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Antitrust Division Arbitration

Jenner & Block

Jenner & Block Japan Newsletter - January 2025

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Welcome to the January 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2021

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In This Issue - Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions? In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more

Lowenstein Sandler LLP

DOJ Issues New Guidance On Its Use Of Arbitration

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Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil...more

White & Case LLP

To Litigate, or to Arbitrate: DOJ Reveals Shiny New Tool in Merger Toolbox

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DOJ Antitrust Division successfully uses private-style arbitration for first time to block a merger, and force a divestiture as a condition to closing.1 DOJ’s novel use of arbitration to resolve liability in a merger case has...more

ArentFox Schiff

Arbitration: DOJ Unearths Arcane Statutory Power to Arbitrate (and Win) Merger Dispute

ArentFox Schiff on

The typical path for the Antitrust Division of the US Department of Justice when it determines that a contemplated merger is anticompetitive is to sue in federal court to block the merger. Recently, however, the DOJ, for the...more

Bracewell LLP

DOJ Wins Groundbreaking Arbitration to Resolve Merger Challenge

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The U.S. Department of Justice Antitrust Division (DOJ) has prevailed in a first-of-its-kind arbitration, resolving its challenge to aluminum producer Novelis Inc.’s $2.6 billion proposed acquisition of rival Aleris...more

McDermott Will & Emery

DOJ and Merging Parties Agree on Unprecedented Arbitration Procedure to Resolve Merger Challenge

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WHAT HAPPENED: • On September 4, 2019, the US Department of Justice’s Antitrust Division (DOJ) sued to block Novelis Inc.’s proposed $2.6 billion acquisition of Aleris Corporation. • DOJ alleged that the transaction would...more

Foley & Lardner LLP

Antitrust Surprises from DOJ during the Trump Administration – Predicting the Consequences

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In his 2016 presidential campaign, Donald Trump frequently expressed populist themes, rhetorically criticizing “big business” and “special interests,” and signaled an activist antitrust agenda with his comment in October 2016...more

Jones Day

DOJ Offers Guidance on Unprecedented Arbitration in Merger Challenge

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The Situation: The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by...more

JAMS

Arbitration Questions To Consider In Patent License Disputes

JAMS on

Let’s say two entities entered into a patent license agreement years ago. Everything has been going wonderfully: The patentee has been receiving royalties, and the licensee has been selling its product without fear of an...more

King & Spalding

Additional Lessons From AT&T/Time Warner: Self-Help Remedies in Merger Challenges

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The DOJ Antitrust Division’s high profile, unsuccessful attempt to block the AT&T/Time Warner merger ended on February 26, 2019 after the U.S. Court of Appeals for the D.C. Circuit affirmed the trial court’s decision to allow...more

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