News & Analysis as of

Collusion Section 5

WilmerHale

DOJ Obtains First Criminal Monopolization Conviction in Over 40 Years: Revolution or Reprise?

WilmerHale on

On October 31, 2022, the US Department of Justice (DOJ) secured a criminal guilty plea from Nathan Zito, the president of a Montana paving and asphalt contractor, to attempted monopolization under Section 2 of the Sherman...more

Morgan Lewis

FTC Scrutinizes Dual Distributor Communications

Morgan Lewis on

A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (FTC) has charged a company with violating Section 5 of the FTC...more

Goodwin

U.S. Antitrust Agencies Continue Enforcement Push Targeting Invitations to Collude

Goodwin on

Recent federal antitrust enforcement activity demonstrates that companies that invite or merely suggest collusive agreements to competitors can be found liable. As the federal antitrust authorities continue their path to...more

McDermott Will & Emery

FTC Competition Chief Defends Stand-Alone Section 5 Use in Unfair Competition Cases

McDermott Will & Emery on

In a blog post last Friday, Debbie Feinstein, Director of Competition at the Federal Trade Commission (FTC), defended the agency’s use of FTC Act Section 5 to target unfair methods of competition outside the scope of the...more

Sheppard Mullin Richter & Hampton LLP

Two UPC Resellers Settle FTC Invitation to Collude Investigation

On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com (“Instant”) and Nationwide Barcode (“Nationwide”), two of the leading barcode resellers, and their...more

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