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Sherman Act Enforcement

Mogin Law LLP

Judge Rejects Google’s Motion to Dismiss States’ Advertising Antitrust Case

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A suit brought by state attorneys general accusing Google of overseeing a broad scheme of anticompetitive conduct in digital display advertising markets will continue following a Jan. 28, 2025, ruling from the Eastern...more

Pillsbury Winthrop Shaw Pittman LLP

Key Areas to Consider Under the Updated Antitrust Division Corporate Compliance Guidelines

The revised Antitrust Compliance Guidelines expand their scope and provide critical insight into how the Department of Justice (DOJ) evaluates compliance programs—not only as tools to address criminal antitrust violations but...more

Mintz

Out With the Old, In With the Statutes and Caselaw (Again): FTC and DOJ Withdraw Competitor Collaboration Guidelines in Favor of...

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On the heels of President-Elect Trump’s announcement of the appointment of Mark Meador to the Federal Trade Commission (FTC) and designation of current Republican Commissioner Andrew Ferguson as the agency’s chair, the FTC...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

King & Spalding

DOJ Releases Updated Antitrust Compliance Program Guidance

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Last week DOJ published an updated version of its guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (“Guidance”). These updates refresh the guidance originally issued in 2019,...more

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

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Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

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The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

Pillsbury Winthrop Shaw Pittman LLP

Is the “Revered Tradition of Amateurism” over for College Sports?

The NCAA and five athletic conferences approved paying nearly $2.8 billion in retrospective name, image and likeness (NIL) compensation to settle three pending antitrust lawsuits. The proposed settlement contemplates a...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

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The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Proskauer - Minding Your Business

President Biden Announces New Price Fixing “Strike Force”: Government Continues Antitrust Crusade

Earlier this month, President Biden announced the formation of a “Strike Force on Unfair and Illegal Pricing.” This strike force will be an interagency group co-chaired by the FTC and DOJ. President Biden stated the group...more

Pillsbury Winthrop Shaw Pittman LLP

Another Brick in the Wall: NCAA Enjoined from Enforcing NIL Rules Prohibiting Student-Athletes from Negotiating with Third Parties

U.S. District Judge Clifton Corker issued an injunctive order prohibiting the NCAA from enforcing its name, image or likeness (NIL) rules to the extent those rules prohibit prospective or existing student-athletes from...more

Kaufman & Canoles

Tennessee and Virginia v. NCAA: The Wild(er) West of NIL in College Sports

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“The wild west” is by far the most frequent characterization used to describe college sports since NCAA v Alston, 141 S. Ct. 2141, paved the way for college athletes to be compensated for use of their Name, Image, and...more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

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On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

BakerHostetler

DOJ and FTC Using New Weapons to Attack Antitrust Conduct

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In spring 2022, the Department of Justice (the DOJ) announced its intention to aggressively pursue monopolization cases. While the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing...more

Guidepost Solutions LLC

U.S. Attorneys’ Offices Voluntary Self-Disclosure Policy - Watch Out for The Next Logical Step – Enforcement

It is safe to assume that the United States Attorneys’ Offices Voluntary Self-Disclosure Policy announced on March 2, 2023 is intended to decrease wrongdoing and impose rehabilitation and recovery for victims. But...more

Foley & Lardner LLP

FTC Releases New Policy Statement on “Unfair Methods of Competition” Enforcement under Section 5 of the FTC Act

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As part of the Biden Administration’s ongoing efforts to reinvigorate antitrust enforcement and the promotion of competition, on November 10, 2022, the Federal Trade Commission (FTC) released a new “Policy Statement Regarding...more

Foley & Lardner LLP

Supply Chain Shortages in the Meat and Poultry Industries

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With Thanksgiving fast approaching, you have probably heard that there is a turkey shortage – brought about by a combination of rising costs for feed and fuel, continued labor shortages, and – if that were not enough –a...more

Fenwick & West LLP

The FTC Continues to Broaden Its Enforcement Authority to Pursue Chair Khan’s Agenda

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On July 9, 2021, just days into her tenure as Federal Trade Commission (FTC or Commission) Chair, Lina Khan led the Commission’s charge to rescind the agency’s 2015 policy statement (2015 Statement) on its approach to...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

King & Spalding

The FTC's Aggressive New Section 5 Policy

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On November 10, 2022, the US Federal Trade Commission issued a new Policy Statement indicating that the current Commission plans to expand its use of Section 5 of the FTC Act. Such an expansion would constitute a significant...more

Hogan Lovells

FTC announces return to rigorous enforcement of ban on unfair competition

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On November 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement announcing the agency’s intent to exercise broad enforcement discretion to challenge unfair competition based on the authority granted by...more

McDermott Will & Emery

DOJ Prosecutes Attempted Collusion Among Business Competitors for First Time in Decades

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On October 31, 2022, the US Department of Justice’s (DOJ) Antitrust Division (Division) made good on its intention earlier this year to revitalize efforts surrounding criminal enforcement of Section 2 of the Sherman Act when...more

Smith Anderson

Justice Department’s Investigation of “Interlocking Directorates” Leads to Corporate Board Resignations

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​​​​​​​Section 8 of the Clayton Antitrust Act of 1914 (Section 8) prohibits directors and officers from serving simultaneously on the boards of competing corporations, subject to limited exceptions. Specifically, Section 8...more

Foley & Lardner LLP

Procurement Collusion Strike Force Acts Broadly and Often in 2022

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In November 2019, the Department of Justice (DOJ) announced the creation of the Procurement Collusion Strike Force (PCSF), an interagency partnership composed of prosecutors from the Antitrust Division and the United States...more

King & Spalding

King & Spalding Analysis: Enforcement of Labor Agreements

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Recent actions by the Biden administration, including the Treasury Department’s report on the State of Labor Market Competition in the U.S. Economy, the Memorandum of Understanding between the Department of Labor (DOL) and...more

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