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Antitrust Today

The FTC’s Revival of its Facebook Complaint Shows That it’s Serious

Posted  08/27/21
By Jeffrey I. Shinder, Yo W. Shiina
The FTC’s revival of its monopoly maintenance claims against Facebook demonstrates what a serious antitrust enforcer can do after an unexpected setback. As expected, the FTC has filed an Amended Complaint that adds substantial factual allegations to respond to U.S. District Court Judge James Boasberg’s order dismissing the FTC’s initial Complaint for supposedly failing to allege sufficient facts to support...

The Antitrust Week In Review

Posted  08/24/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Revives Facebook Suit, Adding Details to Back Claim of a Monopoly.  The Federal Trade Commission took new aim at Facebook on Thursday, beefing up its accusations that the company was a monopoly that illegally crushed competition, in an attempt to overcome the skepticism of a federal judge who threw...

Ten Facts About Jonathan Kanter, Biden’s Pick to Head Antitrust

Posted  08/23/21
By Henry C. Su
President Biden’s nomination of Jonathan Kanter to be the Assistant Attorney General in charge of the U.S. Department of Justice’s Antitrust Division is a sure sign that the Administration is serious about reinvigorating antitrust enforcement. While the Senate Judiciary Committee has not yet taken any action on the nomination, which the White House announced last month, it’s not too soon to consider 10 key facts...

FTC Revives Monopoly Maintenance Claims Against Facebook

Posted  08/20/21
By Allison F. Sheedy
The FTC filed an amended complaint against Facebook yesterday, reviving its ongoing federal antitrust case against the leading online social network. U.S. District Court Judge James Boasberg surprised many observers when he dismissed the FTC’s original complaint in June 2021 for failing to allege sufficient facts to support the agency’s allegation that Facebook had monopoly power in a relevant market.  The...

Ten Facts About FTC’s Lina Khan

Posted  08/18/21
By Allison F. Sheedy
Lina Khan was making antitrust news even before President Biden nominated her to be a Commissioner of the Federal Trade Commission in March of 2021, which was followed by his appointment of Kahn to be the Chairperson of the FTC in June.  Here are 10 facts about Kahn that may offer some clues to the news she is likely to make as she strives to accomplish her goal of reinvigorating the FTC.
  1. At the age of 32, Khan...

New York’s Proposed Antitrust Overhaul Would Allow Recovery of Expert Fees

Posted  08/16/21
By Daniel Vitelli
New York may soon be at the vanguard of antitrust enforcement and litigation in the United States in more ways than one. On June 7, 2021, the New York Senate passed Senate Bill S933A (43 aye, 20 nay), which would overhaul the Donnelly Act, New York’s antitrust law.  Constantine Cannon lawyers have already discussed what the bill’s “abuse of dominance” provisions would mean for companies that have market...

The Antitrust Week In Review

Posted  08/16/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Biden's antitrust crackdown adds to anxiety of merger investors.  U.S. President Joe Biden's tougher regulatory stance on big corporate mergers has fueled a rise in investor bets on some deals not being completed, threatening to push the brakes on a record-setting dealmaking boom. Spreads between deal...

App Store Competition Bill Contains A Loophole

Posted  08/13/21
By Kristian Soltes
Although Congress has already had a busy 2021 pushing antitrust legislation that targets large digital technology platforms, even more legislative battles are looming on the horizon. Earlier this year, bipartisan members of the House introduced six antitrust bills designed to curb the perceived power of tech platforms, some of which were also introduced in the Senate.[1] Those bills have made it through the...

The Antitrust Week In Review

Posted  08/9/21

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

U.S. antitrust enforcer says merger wave means slower vetting.  A huge increase in the number of mergers coming before the U.S. Federal Trade Commission for antitrust reviews is limiting its ability to investigate deals in a timely fashion, the FTC said on Tuesday. The agency, which works with the Justice...

Seventh Circuit to Determine Whether the Sherman Act Can Mow Down Drug “Patent Thickets”

Posted  08/9/21
By Ethan E. Litwin
Patent infringement litigation is not for the faint of heart or light of wallet.  Determining the validity of a patent (and if it is found to be valid, whether it has been infringed) is a document-intensive, expert-driven exercise that can often cost millions of dollars to litigate to conclusion.  This expense is justified, since the rewards reaped by the victor are vast—the continuation of a legal monopoly...
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