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Supreme Court of the United States › Antitrust Division

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Bradley Arant Boult Cummings LLP

Turning the Tables: Kroger Sues the FTC

Bradley Arant Boult Cummings LLP on

In February of this year, the Federal Trade Commission (FTC) brought an administrative complaint to block Kroger Company’s $24.6 billion merger with Albertsons Companies, Inc., citing antitrust concerns. On August 19, 2024,...more

McDermott Will & Emery

Pay for Delay Is Sometimes Okay

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit against pharmaceutical companies accused of violating antitrust laws by using reverse payments to delay entry of a generic version of a...more

Foley Hoag LLP - White Collar Law &...

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

Foley Hoag LLP - White Collar Law &... on

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Troutman Pepper

Tennessee and Virginia AGs File Antitrust Suit Against NCAA Over New NIL Policies

Troutman Pepper on

On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the...more

Constangy, Brooks, Smith & Prophete, LLP

Major League Baseball loosens non-player labor market

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Open for negotiations. Since the U.S. Supreme Court decided in the Federal Baseball case of 1922 that baseball was not interstate commerce, Major League Baseball has enjoyed an exemption from antitrust law. The Supreme...more

Jenner & Block

Client Alert: Senator J.D. Vance Calls for FTC and DOJ to Investigate Admissions Practices of Universities in the Wake of SFFA

Jenner & Block on

On August 10, 2023, Sen. J.D. Vance, R-Ohio, called for the Federal Trade Commission and the U.S. Department of Justice to investigate top universities for allegedly coordinating their admissions policies following the U.S....more

King & Spalding

FTC and DOJ Announce New Draft Merger Guidelines

King & Spalding on

vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more

Foley & Lardner LLP

Colorado Antitrust Reform Carries Broad State Impact

Foley & Lardner LLP on

During its 2023 legislative session, the Colorado General Assembly repealed the state's prior antitrust law — the Colorado Antitrust Act of 1992 — and passed the Colorado State Antitrust Act of 2023. On June 7, Colorado...more

Mintz - Antitrust Viewpoints

FTC and DOJ Antitrust Memorialize Joint Workshop on the Future of Antitrust Enforcement in the Pharmaceutical Industry

Mintz - Antitrust Viewpoints on

The Federal Trade Commission, in coordination with the U.S. Department of Justice Antitrust Division, recently released a summary of the Agencies’ June 2022 joint workshop titled “The Future of Pharmaceuticals: Examining the...more

Proskauer - Minding Your Business

Antitrust and Section 230: Where Are We After Gonzalez v. Google’s Dodge?

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In an unsigned per curiam opinion yesterday in Gonzalez v. Google, the U.S. Supreme Court vacated the Ninth Circuit’s judgment— which had held that plaintiffs’ complaint was barred by Section 230 of the Communications Decency...more

Epstein Becker & Green

Supreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal District Court

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The Federal Trade Commission (FTC) has the distinct advantage of being able to bring enforcement actions before its own administrative tribunals....more

ArentFox Schiff

DOJ Antitrust Division Announces Withdrawal of Information Sharing Safety Zone

ArentFox Schiff on

On February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki announced that the US Department of Justice (DOJ) Antitrust Division was revisiting and withdrawing several policy statements that provided a key...more

DarrowEverett LLP

NIL-NIL: Exploring the Playing Field of Name, Image, and Likeness

DarrowEverett LLP on

The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

Vinson & Elkins LLP on

Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Goodwin

Financial Services Weekly Roundup: Code Libor – SEC And OCIE Issue Risk Alert In Preparation Of Libor Discontinuation

Goodwin on

In This Issue. The Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert about the scope and content of examinations OCIE plans to conduct of various...more

Manatt, Phelps & Phillips, LLP

The Supreme Court’s American Express Decision and Healthcare Steering

Manatt, Phelps & Phillips, LLP on

On June 25, 2018, the Supreme Court held that American Express Co.’s “non-discrimination” rules that prevented merchants from steering customers to other credit card brands do not violate the federal antitrust laws....more

Morrison & Foerster LLP

Hatch-Waxman and BPCIA Developments in June 2018

Morrison & Foerster LLP on

This month, we highlight significant developments in June 2018, including a Supreme Court decision regarding the PTAB, a federal court affirmation in Impax Laboratories Inc. v. Lannett Holdings Inc., and new legislation...more

McDermott Will & Emery

Walker Process Claims Don’t Belong in the Federal Circuit

McDermott Will & Emery on

In the continuing tug-of-war between antitrust and intellectual property, the US Court of Appeals for the Federal Circuit transferred a Walker Process claim to the Fifth Circuit for lack of appellate jurisdiction. Xitronix...more

McDermott Will & Emery

THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit

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The Federal Circuit held Walker Process Claims without a “substantial” patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton....more

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