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Antitrust Violations Department of Justice (DOJ) The Clayton Act

A&O Shearman

Eastern District Of Virginia Overrules Objections To Proposed Divestiture Of Doorskin Manufacturing Plant

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On December 13, 2024, Judge Robert E. Payne of the Eastern District of Virginia, in a long-running private action that had previously found a consummated merger to be unlawful, overruled defendant’s objections to the required...more

Holland & Knight LLP

DOJ, States Move to Prevent Merger of Home Health Giants UnitedHealth Group and Amedisys

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In the latest effort to prevent vertical consolidation in the healthcare industry, the U.S. Department of Justice (DOJ) – along with the states of Maryland, Illinois, New Jersey and New York – filed a lawsuit on Nov. 12...more

A&O Shearman

SDNY Judge Refuses To Transfer DOJ Case Against Concert Promoter, Finding Attempt To Unwind A Merger Cleared By Consent Decree...

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On October 3, 2024, United States District Judge Arun Subramanian refused to transfer the DOJ’s monopolization case against two companies in the live entertainment industry (“Defendants”) from the Southern District of New...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

A&O Shearman

U.S. DOJ Seeks Rare USD3.5 million “Gun Jumping” Penalty For Alleged Pre-Closing Conduct In Violation Of Hart-Scott-Rodino Act

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On August 5, 2024, the United States Department of Justice filed a rare gun jumping civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against a global sports and...more

Foley Hoag LLP - State AG Insights

30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what...more

WilmerHale

ABA Spring Meeting Sessions Key Highlights From US Antitrust Enforcers' Statements (March 29–31, 2023)

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Below are key highlights from statements by US antitrust enforcers at the ABA Antitrust Section’s Spring Meeting held from March 29-31 in Washington DC....more

Holland & Hart LLP

DOJ Ups the Enforcement Ante on Interlocking Directorates

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Over the past year, the U.S. Department of Justice’s Antitrust Division has renewed enforcement efforts against “interlocking directorates” that violate Section 8 of the Clayton Act.  This provision prohibits directors and...more

Perkins Coie

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

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Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

McCarter & English Blog: Government Contracts...

DOJ’s Procurement Collusion Strike Force: Widening Its Stride on Its Third Anniversary

The U.S. Department of Justice (DOJ) Procurement Collusion Strike Force (PCSF, or Strike Force) celebrates its third anniversary this month. Formed in November 2019 as an interagency partnership consisting of DOJ’s antitrust...more

Polsinelli

Promise Made, Promise Kept: The Justice Department Follows Through With Interlocking Directorate Enforcement

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On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more

Venable LLP

DOJ Makes Good on Promise to Actively Prosecute Interlocking Directorships

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​​​​​​​Back in April 2022, Assistant Attorney General (AAG) Jonathan Kanter hinted very strongly that the Antitrust Division of the Department of Justice (DOJ) would be looking at Section 8 violations of the Clayton Act. That...more

McGuireWoods LLP

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

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Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

Paul Hastings LLP

Director Interlocks Draw DOJ’s Antitrust Attention

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The Antitrust Division of the Department of Justice has focused attention recently on an oft-overlooked provision of U.S. antitrust law prohibiting “interlocking directorates.” This prohibition is found in Section 8 of the...more

Wilson Sonsini Goodrich & Rosati

Seven Directors Resign from Five Public Company Boards

Last month, we reported that the U. S. Department of Justice (DOJ) had threatened multiple public companies, private equity investors, and individuals with lawsuits for violating the ban on interlocking directorates under...more

Benesch

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

Benesch on

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for...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

Husch Blackwell LLP

Illinois Cannabis Companies Face Alleged Antitrust Violation Regarding Interlocking Boards

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A group of Illinois cannabis companies face an antitrust lawsuit alleging that they maintained illegal interlocking directorates. An interlocking directorate is where a person from one company serves as an officer or director...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – July 2021

State AGs File Another Antitrust Lawsuit Against Google - Thirty-six states and the District of Columbia filed the fourth antitrust lawsuit against Google since October 2020, claiming that Google’s Play store unlawfully...more

Faegre Drinker Biddle & Reath LLP

Antitrust Division Signals Increased Enforcement in Agricultural Sector, Requiring Divestitures in Grain Elevator Transaction to...

While campaigning in 2020, President Biden broadcast his concern about increased market concentration in American agribusiness. To address perceived “monopolistic markets,” he promised to “protect small and medium-sized...more

BCLP

Big Tech Under Fire: New Antitrust Bill Targets “Extremely Large” Companies

BCLP on

On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced S. 225, the Competition and Antitrust Law Enforcement Act of 2021 (the “Bill”). The Bill amends the Clayton Act in three key areas: (1)...more

Holland & Knight LLP

DOJ and State Government Agencies Focus on Antitrust Violations in Government Procurement

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The U.S. Department of Justice (DOJ) has a renewed focus on government contracting and, more specifically, anti-competitive behavior in federal procurement. As mentioned in a prior blog post, the DOJ's Antitrust Division...more

Patterson Belknap Webb & Tyler LLP

The Democratic Presidential Candidates and Antitrust

With the Democratic primary process in full swing, we thought it fitting to take a look at where the candidates stand with respect to antitrust issues. As it turns out, this is a fairly active election cycle for antitrust,...more

Cooley LLP

Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come

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As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more

Foley & Lardner LLP

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

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A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more

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