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

				
Posted  03/13/19
								

				 
								 				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...				 
				 				
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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...				 
				 				
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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...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  International Competition Issues, 
												
						

					
	
								
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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...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
												
						

					
	
								
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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...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
												
						

					
	
								
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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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The Antitrust Week In Review

				
Posted  02/25/19
								

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

EU's Vestager says not precluding Facebook case in future.  Facebook is not currently in EU regulators’ crosshairs but it may well be in future because of the crucial role played by data, Europe’s antitrust chief said on Tuesday. European Competition Commissioner Margrethe Vestager’s comments came...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  International Competition Issues, 
												
						

					
	
								
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Germany Launches Novel Antitrust Approach to Combat Competitive Effects of Big Data

				
Posted  02/21/19
										

						By						  
													J. Wyatt Fore	
												
									

				 
								 				In a decision with worldwide implications, the German Federal Cartel Office, the German competition authority, is taking the novel approach of using competition law to curtail Facebook’s use of its users’ personal data.

In a decision announced on February 7, 2019, the Federal Cartel Office ruled that Facebook abused its dominance in the German market for social networks “based on the extent of collecting,...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
												
						

					
	
								
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DOJ Reaffirms Per Se Opposition to No-Poach Agreements in Statement of Interest in Class Action Lawsuit

				
Posted  02/20/19
										

						By						  
													James J. Kovacs	
												
									

				 
								 				The U.S. Department of Justice (“DOJ”) has once again exhibited its recent interest in policing so-called “no-poach” agreements with the filing of a statement of interest, under 28 U.S.C. § 517, in a private class action antitrust lawsuit.

The statement of interest filed by the DOJ on February 9, 2019, in the case of In Re: Railway Industry Employee No-Poach Antitrust Litigation, MDL No. 2850 (W.D. Penn.),...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
												
						

					
	
								
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DOJ Antitrust Division Continues Expansion of Amicus Program With Planned Statement of Interest in No-Poach Case

				
Posted  02/18/19
								

				 
								 				The Antitrust Division of the U.S. Department of Justice (“DOJ”) has filed a notice of intent to file a statement of interest in Danielle Seaman et al. v. Duke University et al., No. 1:15-cv-00462 (M.D.N.C.), the class action that alleges Duke University and the University of North Carolina violated antitrust laws by conspiring to suppress the wages of faculty members through the use of “no-hire” or...				 
				 				
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