News & Analysis as of

Competition Dept. of Justice

The Latest: FTC Challenges Non-HSR Reportable Retail Fuel Station Transaction— Requires Three Localized Divestitures in Alabama

by McDermott Will & Emery on

WHAT HAPPENED - • Alimentation Couche-Tard Inc. (ACT) is a Canadian corporation and is engaged in the retail sale of gasoline and diesel fuel in the United States. Circle K Stores, Inc. (Circle K) is a wholly owned...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

Corporate Concentration, Mergers, and Antitrust Enforcement in the Current Political Climate

by Holland & Knight LLP on

Attacking the vigor and effectiveness of antitrust enforcement has become increasingly popular political subject. Just last week, Senator Cory Booker released a letter to the FTC and DOJ urging them to consider the interests...more

DOJ Challenges Completed Merger that Passed Hart-Scott-Rodino Review

by Hodgson Russ LLP on

The U.S. Department of Justice recently filed a civil antitrust lawsuit against Parker-Hannifin Corporation and Clarcor Inc., alleging that the completed merger of these entities violated U.S. antitrust laws. This suit...more

Federal Judge Declares the Rule of Reason Will Apply in Criminal Antitrust Case and Dismisses the Case as Barred Under the Statute...

by Hogan Lovells on

On August 28, a Utah federal judge held in United States v. Kemp & Associates, et al. that he will apply the rule of reason standard in a criminal prosecution against an heir-locator company for allegedly colluding with its...more

Warning from the U.S. Antitrust Agencies: Remain Compliant with Antitrust Laws During Post-Hurricane Harvey and Irma Relief...

by K&L Gates LLP on

On September 12, 2017, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the “Agencies”) released antitrust guidance for post-hurricane relief efforts in the aftermath of Hurricanes...more

Joint FTC / DOJ Guidance: Hurricanes Harvey and Irma

by McDermott Will & Emery on

Businesses and individuals in Texas, Florida, the Southeast, Puerto Rico and the Virgin Islands are preparing for a massive recovery and reconstruction effort in the wake of Hurricanes Harvey and Irma. The Antitrust Division...more

Avoiding the “Gun Jumping” Trap in Mergers and Acquisitions

by Polsinelli on

From the moment a merger agreement is signed, the parties are often eager to begin the process of integrating and consolidating their operations. But doing too much coordination before closing could constitute “gun...more

Who Listens When Congress Holds a Hearing on a Proposed Merger?

Last week, a Rhode Island Congressman published a letter he sent to the Chairman of the House Judiciary Committee requesting that the committee hold a hearing on the recently-announced Amazon-Whole Foods merger. This post...more

Article: June 2016: Antitrust & Competition Update

DOJ Revises Answers to Frequently Asked Questions About Antitrust Division’s Leniency Program. The Department of Justice’s Leniency Program gives corporations and individuals the opportunity to self-report and cooperate in...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Summer 2017

by Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this summer's edition of our quarterly ACER newsletter. Please see full Publication below for more information. ...more

Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

by Mintz Levin on

A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....more

Defending Competitive Harm with Efficiencies: A Fire Swamp of Trouble

by BakerHostetler on

The use of efficiencies as a defense remains without a firm footing in law when a transaction has demonstrable and substantial anticompetitive effects. In Rob Reiner’s classic fantasy adventure The Princess Bride,...more

Federal and State Antitrust Enforcement Takeaways From the 2017 ABA Antitrust Law Spring Meeting

by Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In this first of a three-part...more

Competition Policy in Transition

by Hogan Lovells on

Actor James Dean once said, “I can't change the direction of the wind, but I can adjust my sails to always reach my destination.” Change is constant – industries change, consumers change, competition changes, regulators...more

Price Setting Bots Aren’t Price Fixing Bots, and Airline Tariff Publishing is Wrong

by Kelley Drye & Warren LLP on

On Thursday, March 16, 2017, in a speech at the Bundeskartellamt’s 18th Conference on Competition, European Commissioner for Competition, Margrethe Vestager, discussed the specter of automated price fixing cartels. She...more

Lawsuit Highlights Antitrust Exposure Related to Hiring and Compensation

by Reed Smith on

A recently filed class action lawsuit serves as an important reminder that employers can face scrutiny under antitrust law through civil litigation brought by their employees, in addition to investigations and enforcement...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

by Hogan Lovells on

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

by Proskauer Rose LLP on

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

by Perkins Coie on

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

Aetna-Humana Merger Blocked

by Pierce Atwood LLP on

The District of Columbia federal court recently ruled that a proposed $37 billion merger between health insurance giants Aetna and Humana cannot proceed, granting the US Department of Justice’s bid to block the combination on...more

Antitrust Alert: FTC Merger Remedies Report Signals Tougher Enforcement

by Jones Day on

The Federal Trade Commission staff have completed a new study evaluating its process for designing and implementing merger remedies and the success of the remedies it has imposed in the past. Its report—"The FTC's Merger...more

DOJ and FTC Issue Updated Antitrust Guidelines for the Licensing of Intellectual Property

by Clark Hill PLC on

On January 12, 2017, the United States Department of Justice and Federal Trade Commission issued updated Antitrust Guidelines for the Licensing of Intellectual Property. The updates refine the federal government's original...more

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

by Holland & Knight LLP on

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

Will Trump Relax DOJ's Enforcement of Antitrust Laws?

by Holland & Knight LLP on

The Obama Administration has made enforcement of the antitrust laws a priority and has aggressively pursued criminal and civil enforcement actions against large corporations for perceived antitrust violations relating to...more

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