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Antitrust Today

Common Ownership in the Draft Merger Guidelines: A Sea Change for Index Funds?

Posted  10/2/23
By Wyatt Fore   [Draft] Guideline 12: Acquisitions of partial control or common ownership may in some situations substantially lessen competition.[1]   Portfolio investors may soon find that their investments could be the subject of increased antitrust scrutiny, resulting from new federal enforcement guidelines.   On July 19, 2023, the U.S. Department of Justice and the Federal Trade Commission...

The Antitrust Week In Review

Posted  09/20/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   US FTC warns drugmakers over patent listings.  The U.S. Federal Trade Commission warned brand-name drugmakers they could face legal action if they improperly list patents with federal health regulators and said it will scrutinize any improper listings. "Improperly listing patents in the Orange Book...

The Antitrust Week In Review

Posted  08/25/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   American Red Cross spars with US Justice Dept over scope of antitrust law.  The American Red Cross and U.S. Justice Department are quarreling over the scope of U.S. antitrust law, after the federal agency backed a key legal claim from a biomedical company suing the humanitarian group. In a court...

The Antitrust Week In Review

Posted  08/17/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   Hospital sues data analytics company MultiPlan in US court antitrust case.  Nonprofit hospital system AdventHealth has sued data analytics company MultiPlan in U.S. court, accusing it of leading a price-fixing conspiracy that underpaid healthcare providers billions of dollars for out-of-network...

The Antitrust Week In Review

Posted  08/8/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   JetBlue, Spirit slam 'speculative' consumer lawsuit fighting $3.8 billion merger. JetBlue and Spirit in U.S. court called a consumer lawsuit over the airlines' merger plan "vague" and "speculative" and said it should be rejected as the U.S. Justice Department pursues a case against the $3.8 billion...

The Antitrust Week In Review

Posted  08/1/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   NCAA must face volunteer coaches' antitrust lawsuits over pay, US judge says.  A U.S. judge on Thursday said the governing body for American intercollegiate sports must face a pair of class actions in California that claim curbs on compensation for thousands of volunteer coaches violated federal...

The Antitrust Week In Review

Posted  07/27/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   Biden’s Antitrust Team Isn’t Backing Down From a Fight on Deals.  The Justice Department and the Federal Trade Commission announced their long-awaited merger guidelines, and the proposed regulatory framework reveals that the regulators aren’t changing their aggressive approach despite losing a...

The Antitrust Week In Review

Posted  07/19/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   U.S. appeals court refuses FTC request to pause Microsoft deal for Activision.  A U.S. appeals court rejected the Federal Trade Commission's request to pause Microsoft's $69 billion purchase of "Call of Duty" maker Activision Blizzard. The decision removes one of the few remaining hurdles stopping...

The Antitrust Week In Review

Posted  07/13/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   Metaverse has set off no alarms or need for controls yet, EU antitrust chief says.  The metaverse, shared virtual worlds accessible through the internet, has not triggered any concerns so far or the need for legislation to rein it in, EU antitrust chief Margrethe Vestager said. An initiative that...
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