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Antitrust Today

Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol

Posted  11/2/21
By Kristian Soltes
As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s many players. A California state court jury’s recent verdict awarding treble damages of $15 million to a medical marijuana collective could be an early harbinger of future activity in the cannabis space. The verdict was returned on...

The Antitrust Week In Review

Posted  11/1/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. A Big Tech critic moves closer to leading the Justice Department’s antitrust division.  A Senate committee on Thursday approved a critic of the tech giants to lead the Justice Department’s antitrust division, sending his nomination to the full Senate for a final vote. The Senate Judiciary Committee...

Biden’s Pick for Top Antitrust Enforcer is Likely to Continue DOJ’s Increasing Focus on Labor Markets

Posted  10/29/21
By Janice Johnson
President Biden’s nominee for his administration’s top antitrust enforcer appears likely to continue the trend of increased enforcement efforts in labor markets. At his Senate confirmation hearing on October 6, 2021, Jonathan Kanter testified that, “If the antitrust laws are not working to protect competition to the benefit of workers, then the antitrust laws are not working.” Kanter is President Biden’s

FTC Restores an Old Fence With Restoration of Prior-Approval Policy for Future Mergers by Anticompetitive Dealmakers

Posted  10/28/21
By Allison F. Sheedy
The FTC announced this week that it is restoring a prior-approval policy that requires firms subject to FTC orders resolving  anticompetitive mergers to obtain prior approval from the FTC before closing future transactions. Companies settling an anticompetitive deal by entering into a consent order with the FTC will need the agency’s blessing to close any further acquisitions in each affected market for at least...

New York Trustbusters Are Being Deputized to Bust Abusive Employers

Posted  10/27/21
New York’s pending overhaul of its antitrust law is in the forefront of a nationwide antitrust revival that seeks to use competition policy to combat labor market abuses. This post examines how New York’s proposed 21st Century Antitrust Act (Senate Bill S933A)—which has already passed the State Senate—aspires “to ensure that our labor markets are open and fair” through a renewed focus on the harmful...

The Antitrust Week In Review

Posted  10/25/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Epic Games opposes Apple's effort to pause antitrust trial orders.  "Fortnite" creator Epic Games on Friday opposed Apple Inc's efforts to put on hold orders handed down in an antitrust trial as a potentially lengthy appeals process plays out. Judge Yvonne Gonzalez Rogers in September struck down some of...

Constantine Cannon hosts New York’s 21st Century Antitrust Act Panel

Posted  10/21/21
Constantine Cannon partners Lloyd Constantine, Jeff Shinder, and Ethan Litwin examined New York’s 21st Century Antitrust Act with New York Senator and Deputy Majority Leader Michael Gianaris, the architect of the bill; Professor Eleanor Fox of NYU Law School, one of the foremost international antitrust scholars; and Professor Steven Salop of Georgetown University Law School, one of the preeminent industrial...

The Antitrust Week In Review

Posted  10/19/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. DOJ defends realtor probe despite since-withdrawn settlement.  The U.S. Justice Department is arguing in Washington, D.C., federal court that it should be allowed to press its antitrust investigation of National Association of Realtors (NAR) policies and practices despite an earlier, but since withdrawn,...

Brussels on the Hudson: New York Imports European Merger Control

Posted  10/18/21
By Ethan E. Litwin, Jeffrey I. Shinder
In 2004, the European Commission re-wrote its Merger Regulation, making its well-established dominance test subservient to a U.S.-style significant lessening of competition (SLC) standard.  In 2021, New York State is poised to do the opposite: legislating market dominance as the touchstone for the evaluation of mergers that affect the 10th largest economy in the world.  The similarities between the pre-2004 European...

Standard-Essential Patents Are Being Reintroduced to Antitrust Standards With the Welcome Demise of the “New Madison” Approach

Posted  10/15/21
By David Golden
The U.S. Department of Justice’s (“DOJ”) hands-off approach to antitrust enforcement involving standard-essential patent (“SEP”) licensing may soon be relegated to the dustbin of history, where it belongs. DOJ’s Antitrust Division is currently re-evaluating the Department’s December 2019 Policy Statement on Remedies for SEPs, which largely removed SEPs from antitrust scrutiny under former Assistant...
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