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Antitrust Violations Antitrust Provisions Corporate Counsel

Wilson Sonsini Goodrich & Rosati

Agency Guidance for Avoiding “Interlocking” Directors and Officers

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the U.S. Antitrust Agencies) have recently reinvigorated antitrust enforcement against company “interlocks”—i.e., when a director or...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

Troutman Pepper Locke on

Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

Vedder Price

FTC Secures Record Gun-Jumping Penalty in a Case with Several Lessons for Merging Parties

Vedder Price on

The Federal Trade Commission (FTC) secured a record consent penalty of $5.6 million against two merging parties on January 7, 2025 for improper pre-merger coordination, marking the agency’s first gun-jumping action in over a...more

Morgan Lewis

US District Court Denies Motion to Dismiss Algorithmic Pricing Antitrust Claims

Morgan Lewis on

The US District Court for the Western District of Washington issued a significant ruling on December 4, 2024 in an ongoing case raising alleged claims of algorithmic price collusion in the apartment rental industry. The court...more

Morgan Lewis

DOJ Statement of Interest States Information Sharing Among Competitors Warrants Closer Scrutiny

Morgan Lewis on

The US Department of Justice Antitrust Division (DOJ) recently filed a Statement of Interest (Statement) to highlight its view that (1) information sharing alone, without any agreement to fix prices, can violate US antitrust...more

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

The Volkov Law Group on

DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases.  Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the...more

Jones Day

New SPC Judicial Interpretation in China Widens Path for Private Antitrust Litigation

Jones Day on

The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct...more

Troutman Pepper Locke

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Troutman Pepper Locke on

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

Mayer Brown

Interoperability a Key Concern for Competition Authorities Around the Globe

Mayer Brown on

The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies’ efforts to limit the interoperability of their products and services. In late...more

Littler

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

Littler on

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more

Troutman Pepper Locke

Antitrust Criminal Enforcement on the Horizon

Troutman Pepper Locke on

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

The Volkov Law Group

DOJ Suffers Rule 29 Dismissal of Criminal Antirust No-Poach Case in Aerospace Industry

The Volkov Law Group on

The Department of Justice’s Antitrust Division has suffered setbacks in its precedent-setting criminal prosecution of no-poach agreements in labor markets.  The latest and perhaps most surprising defeat occurred when the...more

Wilson Sonsini Goodrich & Rosati

European Court Expands Legal Professional Privilege in the EU

In a recent judgment, the European Court of Justice (ECJ) expanded the scope of Legal Professional Privilege (LPP) in the EU, recognizing that it is not limited to advice given for the purpose of defense but covers all...more

Dorsey & Whitney LLP

After Nearly Fifty Years of Dormancy, Criminal Monopolization Charges Have Returned

Dorsey & Whitney LLP on

​​​​​​​For nearly 50 years, the Antitrust Division of the United States Department of Justice (DOJ) has brought federal criminal charges only for allegations of illegal coordinated behavior among competitors in violation of...more

Wilson Sonsini Goodrich & Rosati

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

BakerHostetler

$62 Million Is Something to Write Home About - the Opendoor Case

BakerHostetler on

A recent Federal Trade Commission (FTC) lawsuit and settlement with Opendoor Labs Inc. (Opendoor) is a must-read even if you are not in the real estate business. But if you don’t want to actually read it, we’ve got you...more

Perkins Coie

Antitrust Challenge to McDonald’s No-Poach Restriction Evaluated Under the Rule of Reason

Perkins Coie on

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more

Wilson Sonsini Goodrich & Rosati

DOJ Files Lawsuit to Block National Security Support Services Merger

On June 29, 2022, the U.S. Department of Justice (DOJ) filed a lawsuit seeking to block Booz Allen Hamilton Holding Corporation's (Booz Allen's) proposed acquisition of EverWatch Corp. (EverWatch). The DOJ's suit is unique in...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Jones Day

EU Court Annuls Landmark European Commission "Abuse of Dominance" Antitrust Decision

Jones Day on

The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more

Faegre Drinker Biddle & Reath LLP

The FTC Expands Section 5 Enforcement Efforts With Potentially Broad Implications

Highlights - • The Federal Trade Commission (FTC) recently updated its interpretation of its authority to challenge “unfair methods of competition” under Section 5 of the FTC Act. It will no longer limit enforcement actions...more

Littler

Protection for Criminal Antitrust Whistleblowers Signed into Law

Littler on

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more

Morgan Lewis

Global Cartel Enforcement Report 2020

Morgan Lewis on

Despite the challenges of an unprecedented global pandemic, cartel enforcement activity in 2020 increased in many leading enforcement jurisdictions. Corporate fines, for example, more than doubled from 2019 in the United...more

Wiley Rein LLP

Third Circuit Sharply Limits FTC Authority to Obtain Monetary Relief as Supreme Court Prepares to Weigh In

Wiley Rein LLP on

Last week, in FTC v. AbbVie et al., the Third Circuit joined the Seventh Circuit in holding that the Federal Trade Commission (FTC) was not authorized to seek disgorgement as a remedy under Section 13(b) of the FTC Act –...more

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