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UPDATE:  The End of the Ocean Carriers’ Antitrust Exemption?

				
Posted  03/2/22
								

				 
								 				By Seth D. Greenstein

President Joe Biden’s call for shipping reform during his State of Union address is the latest indicator that the longstanding antitrust exemption for ocean carriers may be running aground.

On January 7, 2022, this blog asked whether supply chain delays and skyrocketing container shipping prices could lead to the end of ocean carriers’ historical immunity from the antitrust laws under...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  03/1/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

 

U.S., Meta spar over date of antitrust trial.  U.S. regulators and Meta Platforms Inc (FB.O) are at odds over when to start a high-profile antitrust trial, with the Federal Trade Commission proposing December 2023 and the Facebook parent company asking for more time. According to a joint filing in...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  02/22/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

 

U.S. antitrust enforcer, FBI announce effort to deter, identify collusion.  The U.S. Justice Department's Antitrust Division and the FBI announced an initiative to detect and prosecute companies that take advantage of supply chain disruptions to collude with rivals in order to raise prices. The...				 
				 					 

						
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Treasury Department’s Report Recommends an Antitrust Cocktail to Revive Competition in Alcohol Markets

				
Posted  02/18/22
								

				 
								 				By Yo W. Shiina

 

The United States Treasury Department has answered President Biden’s call for increased antitrust enforcement with a comprehensive report (the “Report”) on competition in alcohol markets that strongly recommends increased antitrust scrutiny of those markets by the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”).

 

The Treasury Department issued the Report...				 
				 					 

						
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FTC And Rhode Island Join Forces to Block Merger of State’s Two Largest Healthcare Providers

				
Posted  02/17/22
								

				 
								 				The Federal Trade Commission voted unanimously today to join with the State of Rhode Island in suing to block the merger of Lifespan Corporation (“Lifepsan”) and Care New England Health System (“CNE”).

The FTC and the Rhode Island Attorney General are filing a complaint in federal district court seeking a temporary restraining order and preliminary injunction to stop the proposed merger of Rhode Island’s...				 
				 					 

						
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FTC Chair Khan Calls for State Antitrust Actions to be Exempt From Transfers to Multidistrict Litigation

				
Posted  02/17/22
								

				 
								 				By David A. Scupp

 

Last week, FTC Chair Lina Khan once again demonstrated her willingness to step out of the conventional box with an endorsement of legislation designed to invigorate enforcement of the antitrust laws.

 

What makes Khan’s endorsement unconventional is that the antitrust enforcers that would benefit from the legislation are state attorneys general, not the FTC.  It is a rare event to...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  02/16/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

 

Microsoft starts a charm offensive to push through its Activision deal.  Microsoft kicked off a charm offensive in Washington to gain government approval for its $70 billion deal to buy the video game company Activision Blizzard, saying it would not give preferential treatment to its own games in...				 
				 					 

						
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A Nearsighted Approach to Product Market Definition:  Court Rejects Low-Cost Rival’s Antitrust Claims Alleging Novartis Blocked Competition in the Sale of Eye-Disease Treatments

				
Posted  02/8/22
								

				 
								 				By Allison F. Sheedy, Ethan Litwin, and Ankur Kapoor

One antitrust case we have been watching closely is the patent-related antitrust suit filed by biotechnology company Regeneron alleging rival Novartis blocked competition in the sale of an innovative treatment for degenerative eye diseases.

The groundbreaking treatment involves the use of pre-filled syringes containing a specialty medication used to treat...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  02/7/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

 

EU antitrust regulators halt Illumina, Grail probe again, await data.  EU antitrust regulators have temporarily paused their investigation into U.S. life sciences company Illumina bid for $8 billion cash-and-stock takeover of Grail while waiting for the companies to provide details. This is the...				 
				 					 

						
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Will a Supreme Court Without Breyer Mean No Justice for Antitrust?

				
Posted  02/4/22
								

				 
								 				By Ankur Kapoor


Although the betting is underway for who will succeed Justice Stephen Breyer on the U.S. Supreme Court, all we know now is that Justice Breyer will retire as soon as the Court recesses for the summer.  Given Justice Breyer’s leading role on the Court in antitrust cases, we thought we’d take a look back at Justice Breyer’s antitrust jurisprudence, at what the Supreme Court might be losing, and...				 
				 					 

						
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