Antitrust Today Blog

Inside the 2023 Draft Merger Guidelines: A Conversation with Michael Kades

Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. Antitrust has always mattered to consumers and businesses, and to antitrust lawyers and economists, but today it also is in the political and public discourse more than ever. From the prices we pay for food, travel, financial services, payments to the way we interact daily using digital apps and platforms,...

Common Ownership in the Draft Merger Guidelines: A Sea Change for Index Funds?

By Wyatt Fore   [Draft] Guideline 12: Acquisitions of partial control or common ownership may in some situations substantially lessen competition.[1]   Portfolio investors may soon find that their investments could be the subject of increased antitrust scrutiny, resulting from new federal enforcement guidelines.   On July 19, 2023, the U.S. Department of Justice and the Federal Trade Commission...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   US FTC warns drugmakers over patent listings.  The U.S. Federal Trade Commission warned brand-name drugmakers they could face legal action if they improperly list patents with federal health regulators and said it will scrutinize any improper listings. "Improperly listing patents in the Orange Book...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   Kraft, Kellogg, other food producers suing over egg prices score evidence win in US court.  Kraft, Kellogg and other major food-processing manufacturers have won a federal court ruling that will let them use key export data at an antitrust trial seeking more than $110 million in damages from egg...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   American Red Cross spars with US Justice Dept over scope of antitrust law.  The American Red Cross and U.S. Justice Department are quarreling over the scope of U.S. antitrust law, after the federal agency backed a key legal claim from a biomedical company suing the humanitarian group. In a court...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   Hospital sues data analytics company MultiPlan in US court antitrust case.  Nonprofit hospital system AdventHealth has sued data analytics company MultiPlan in U.S. court, accusing it of leading a price-fixing conspiracy that underpaid healthcare providers billions of dollars for out-of-network...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   JetBlue, Spirit slam 'speculative' consumer lawsuit fighting $3.8 billion merger. JetBlue and Spirit in U.S. court called a consumer lawsuit over the airlines' merger plan "vague" and "speculative" and said it should be rejected as the U.S. Justice Department pursues a case against the $3.8 billion...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   NCAA must face volunteer coaches' antitrust lawsuits over pay, US judge says.  A U.S. judge on Thursday said the governing body for American intercollegiate sports must face a pair of class actions in California that claim curbs on compensation for thousands of volunteer coaches violated federal...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   Biden’s Antitrust Team Isn’t Backing Down From a Fight on Deals.  The Justice Department and the Federal Trade Commission announced their long-awaited merger guidelines, and the proposed regulatory framework reveals that the regulators aren’t changing their aggressive approach despite losing a...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   U.S. appeals court refuses FTC request to pause Microsoft deal for Activision.  A U.S. appeals court rejected the Federal Trade Commission's request to pause Microsoft's $69 billion purchase of "Call of Duty" maker Activision Blizzard. The decision removes one of the few remaining hurdles stopping...