News & Analysis as of

Antitrust Provisions

Abuse of Dominance Concerning Online Platforms

by Shearman & Sterling LLP on

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

Vertical Agreements in the Online Sales of Goods

by Shearman & Sterling LLP on

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

Annual HSR Report: No New Challenges to Hospital or Ambulatory Surgery Center Mergers in 2017

by Epstein Becker & Green on

On April 11, 2018, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) released their 40th Annual Hart-Scott-Rodino Report (“HSR Report”) detailing merger enforcement activity in fiscal year 2017...more

Year Two of Trump Antitrust Merger Enforcement: What to Expect in 2018

On April 4, 2018, Skadden hosted a webinar titled “Year Two of Trump Antitrust Merger Enforcement: What to Expect in 2018.” The Skadden panelists were antitrust/competition global head Steven C. Sunshine and...more

DOJ Cracks Down on No-Poach Agreements

by Smith Anderson on

On April 3, 2018, the Department of Justice (DOJ) announced that it had “reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation, two of the world’s largest rail equipment suppliers, to...more

Antitrust Enforcement Under the Trump Administration

by Shearman & Sterling LLP on

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

Health Plans and Pharmacy Benefit Managers – Past and Future

Historically, health plans and pharmacy benefit managers (“PBMs”) have been uncomfortable neighbors. Plans provide drug coverage, but contract out the provision of such drugs to independent PBMs. PBMs in turn earn market...more

FTC Issues Updated Guidance for Avoiding Antitrust Liability for “Gun Jumping” During M&A Negotiation and Due Diligence

by White and Williams LLP on

On March 20, 2018, the U.S. Federal Trade Commission (FTC) issued updated guidance regarding compliance with antitrust laws for companies considering acquisitions, mergers, or joint ventures. While the FTC recognizes that...more

DOJ hosts roundtable discussion on criminal antitrust compliance

by Hogan Lovells on

On 9 April 2018 the U.S. Department of Justice Antitrust Division (Antitrust Division or Division) hosted the second of a series of roundtable discussions on antitrust enforcement. ...more

Soul’d Out Festival Challenges Coachella’s Demand for Noncompete Clause Despite Sold Out Shows

On April 9, 2018, the producer of  the Soul’d Out music festival in Portland, Oregon, sued the owners and producers of the Coachella music festival in California for what it alleges are anticompetitive contract terms that...more

Does Coachella Violate Antitrust Laws?

by Robins Kaplan LLP on

Coachella Valley Music and Arts Festival owner Anschutz Entertainment Group Inc. (“AEG”) and its subsidiaries and affiliates were hit with a lawsuit for allegedly using anticompetitive practices such as prohibiting artists...more

Franchise “No-Hire” Agreement Class Actions And The Single Enterprise Defense

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more

Is Your Agreement Non-Exclusive in Name Only?

by Epstein Becker & Green on

The legality of certain collaborative arrangements and contracts often rises and falls on whether the relationship between the parties involved is exclusive or non-exclusive. For example, the issue of exclusivity often...more

What Role For Fairness in EU Competition Policy and Enforcement?

by Shearman & Sterling LLP on

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

2018 Antitrust Annual Report

by Shearman & Sterling LLP on

Global law firm Shearman & Sterling publishes its sixth annual Antitrust Annual Report today. The 2018 Report discerns two key trends – a global resurgence of controls on foreign direct investment and the focus on ‘fairness’...more

2018 ICI Mutual Funds and Investment Management Conference Summary

by Ropes & Gray LLP on

Ropes & Gray’s memorandum summarizing the 2018 ICI Mutual Funds and Investment Management Conference sponsored by the ICI and the Federal Bar Association is available above. The Conference included sessions that discussed the...more

Mexico's Port Authority of Chiapas Calls Tender for Oil and Gas Fluids Facility

by Holland & Knight LLP on

Most of the Mexican port infrastructure is assigned to Port Authority bodies, which are mainly state-owned corporations that run all aspects of operation and allocation of activities inside each port. Among other...more

FTC Warning: Don’t Overshare in Pending Deals

by Shearman & Sterling LLP on

The Federal Trade Commission (FTC) has recently re-emphasized the potential risks of antitrust violations stemming from the exchange of competitively sensitive information during pre-merger negotiations and due diligence....more

The California Attorney General and Sutter Health Face Off in an Antitrust Lawsuit

On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anticompetitive conduct in violation of California’s...more

AAG Delrahim on the Intersection of Antitrust and Intellectual Property Law: Strong Patent Rights Spur – Not Suppress –...

On March 16, 2018, Assistant Attorney General for the Antitrust Division Makan Delrahim gave a speech at the University of Pennsylvania Law School titled “The ‘New Madison’ Approach to Antitrust and Intellectual Property...more

From hipster antitrust to Big Data: fresh challenges to competition law?

by Dentons on

The modern foundations of competition law and policy – with a focus on competitive pricing for consumers rather than a broad and diverse set of social and economic issues – are being shaken by the dual tremors of populism and...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A day of massive lows (opening bell) and impressive rallies (with the dow up 230 by the end of the day) marked a wild Wednesday on Wall Street....more

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

by Pepper Hamilton LLP on

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

by Hogan Lovells on

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social...more

Third Circuit Affirms Uber Win in Attempted Monopolization Suit

On March 27, 2018, the Third Circuit affirmed dismissal of an antitrust suit against Uber Technologies, Inc. (“Uber”) by the Philadelphia Taxi Association and its members, individual taxicab companies (together,...more

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