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Antitrust Today

The Antitrust Week In Review

Posted  03/25/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. N.C.A.A. Appeals Latest Antitrust Ruling.  The N.C.A.A. said on Saturday that it was appealing a Federal District Court’s decision this month that barring athletes from being paid beyond a scholarship and related costs violated antitrust law. “We believe, and the Supreme Court has recognized, that...

The Marathon Effort to Enact an Antitrust Whistleblower Statute is Still in the Race

Posted  03/21/19
By Elizabeth Taras
Although proposed legislation to protect and to encourage antitrust whistleblowers has struggled for years to cross the finish line the U.S., there are signs this marathon effort may yet prove successful. While criminal prosecution of antitrust cartels is at the core of U.S. antitrust enforcement policy, there is a missing link in that policy.  If you are a member of an antitrust cartel, the law allows you to...

The Antitrust Week In Review

Posted  03/18/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. British Panel Calls for Stricter Antitrust Rules on Tech Giants.  The expanding power of technology companies has become a talking point in the United States presidential race, a subject of debate in India and a top focus of regulators in the European Union. Now, Britain is adding its voice to the...

DOJ Clarifies How it Analyzes No-Poach Agreements

Posted  03/15/19
By Grant Petrosyan
Deputy Assistant Attorney General Michael Murray provided some guidance with his recent remarks at the Santa Clara University School of Law regarding the U.S. Department of Justice’s (“DOJ”) antitrust initiatives with respect to the labor sector.  As Murray discussed, the DOJ has demonstrated an increased interest in prosecuting no-poach agreements in recent years and continues to provide guidance on the...

NCAA May Have Lost Antitrust Case to Student-Athletes, But How Much Did It Really Lose?

Posted  03/13/19
By Grant Petrosyan
Friday’s 104-page ruling in the antitrust case challenging the compensation rules of the National Collegiate Athletic Association (“NCAA”) is not a clear-cut victory for either side. Although Judge Claudia Wilken of the U.S. District Court for the Northern District of California ruled in Alston V. NCAA that the NCAA and its 11 major conferences are violating antitrust law by capping the value of athletic...

Federal Courts Reject Criminal Defendants’ Attempts to Avoid Per Se Standard in Antitrust Prosecutions

Posted  03/12/19
By Harrison J. McAvoy
Antitrust enforcers have recently notched a pair of significant victories, convincing federal courts in two separate cases to reaffirm the use of the per se standard in criminal antitrust cases. Federal courts have long applied the rule that certain restrictive business practices among competitors, such as horizontal price-fixing, bid rigging, and market allocation—are per se illegal, regardless of any purported...

The Antitrust Week In Review

Posted  03/11/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Trump’s impeachable antitrust power grab. In a Washington Post opinion piece, Constantine Cannon’s Harry Litman comments on a report by The New Yorker of President Trump’s role in the government’s suit to block the AT&T-Time Warner merger. As Litman notes, The New Yorker’s Jane Mayer has...

The Antitrust Week In Review

Posted  03/4/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice Department will not appeal AT&T, Time Warner merger after court loss.  AT&T Inc, emerged victorious on Tuesday over the Trump administration’s drawn-out attempts to block its $85.4 billion purchase of Time Warner as the U.S. Justice Department said it would not fight an appeals court...

Court of Appeals’ Decision Upholding AT&T/Time Warner Merger Signals Hurdles in Vertical Merger Enforcement

Posted  02/26/19
By Gary J. Malone
Vertical mergers among high-tech companies likely became a bit easier today as the U.S. Court of Appeals for the D.C. Circuit rejected the U.S. Justice Department’s effort to overturn the district court ruling that gave a green light to AT&T’s acquisition of Time Warner. As this blog noted, the imminent appellate decision was much anticipated for the signals it would give as to the direction of vertical merger...

Court of Appeals’ Imminent AT&T/Time Warner Decision Could Either Embolden or Discourage DOJ in Scrutinizing Future Vertical Mergers

Posted  02/26/19
By James J. Kovacs
As AT&T and the U.S. Department of Justice (“DOJ”) await a decision from the U.S. Court of Appeals for the D.C. Circuit that could decide the fate of AT&T’s $85 billion deal to acquire Time Warner, antitrust observers are waiting to see if that decision—which could come as early as today—will consign DOJ’s renewed interest in vertical merger litigation to the dustbin of antitrust history. The Court of...
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