Antitrust Today

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   McDonald's should face lawsuit over no-poach pacts, says Biden admin.  The Biden administration has urged a U.S. appeals court to revive claims that McDonald's Corp violated federal antitrust law by requiring franchisees to agree not to hire away employees from corporate-owned stores. The U.S....

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   Judge Blocks a Merger of Penguin Random House and Simon & Schuster.  A federal judge blocked a bid by Penguin Random House, the biggest book publisher in the United States, to buy one of its main rivals, Simon & Schuster, in a significant victory for the Biden administration, which is trying to...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   EU renews order for Illumina to keep Grail as separate entity.  EU antitrust regulators on Friday renewed interim measures ordering U.S. life sciences company Illumina to keep Grail as a separate entity pending an order to unwind the takeover completed before the deal had been approved. The interim...

Tenth Circuit Refuses to Inject Consumer Choice Framework into Antitrust Challenge to EpiPen Distribution

By Osob Samantar The framework of choice for antitrust challenges—at least in the insurance industry—remains the consumer welfare standard, not the consumer choice standard, according to the recent decision by U.S. Court of Appeals for the Tenth Circuit in Sanofi-Aventis U.S. v. Mylan, et al. In a unanimous decision, the Tenth Circuit affirmed a decision by the U.S. District Court for the District of Kansas...

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. says seven board directors resigned under antitrust pressure.  Seven directors on the boards of five companies have resigned because of the U.S. Justice Department's concerns over the directors holding similar board positions at rival companies, the department said. Three directors resigned...

Antitrust Matters Episode 8: Antitrust Matters in Electronic Payments

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,...

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. grocer Kroger carts away Albertsons for $25 billion but faces antitrust test.  Kroger Co snapped up Albertsons Cos Inc in a $25 billion deal on Friday, creating a U.S. grocery behemoth to better compete with leader Walmart Inc on prices while bracing for potential antitrust roadblocks. The mega...

The EU Has Today Published the Digital Markets Act – A New Rulebook for Leading Technology Companies That Will Affect Their Behaviour Worldwide

By Stephen Critchley and Alicja Dijakiewicz-Kocon As with the General Data Protection Regulation (“GDPR”), the European Union has assumed the role of the world’s digital regulator by enacting a Digital Markets Act (the “DMA”). The new legislation is targeted exclusively at a handful of the largest technology firms, and it will not just affect their operations in the EU. We set out below:

1. The...

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. House approves merger antitrust bill giving states more muscle.  The U.S. House of Representatives on Thursday approved a bill that would sharply raise fees for antitrust reviews of the biggest mergers and strengthen state attorneys general in antitrust fights. The bipartisan bill, which has yet to...

Seventh Circuit’s Rejection of Insurers’ Monopolization Case is Not the Final Word on “Patent Thicket” Litigation

By Sarah Bayer The theory that patent holders can be held liable under the antitrust laws for blocking competition with a thicket of patents may be down—but it is not out. Although the “patent thicket” theory was unsuccessful in Mayor and City Council of Baltimore, et al. v. AbbVie Inc., et al., this recent decision of the U.S. Court of Appeals for the Seventh Circuit hints at ways that theory could...