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Antitrust Today

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...

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...

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...

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...

Federal Indictment of Home Health Care Managers Highlights Antitrust Enforcers’ Increased Focus On Labor Markets

Posted  02/3/22
By Daniel Vitelli
Antitrust enforcers’ growing interest in labor markets received further confirmation last week with a federal grand jury’s indictment charging four managers of home health care agencies with participating in an alleged conspiracy to suppress the wages and restrict the job mobility of essential workers during the COVID-19 pandemic. The indictment follows on the heels of a statement by...

Constantine Cannon Files Amicus Briefs in Two Appellate Cases that Could Redraw the Boundaries of Antirust Enforcement

Posted  02/2/22
In keeping with its tradition of playing a leading role in major antitrust cases, Constantine Cannon filed amicus briefs in two important cases last week that wrestle with the scope of the antitrust laws and enforcement. Both of the Constantine Cannon briefs—in two of most watched antitrust cases currently being litigated—ask a U.S. Court of Appeals to reverse a district court for taking too restrictive a view...

The Antitrust Week In Review

Posted  02/1/22
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice antitrust chief says he'll seek to stop deals not settle.  The new head of the Justice Department Antitrust Division, Jonathan Kanter, said the government should seek to stop proposed mergers which pose anticompetitive concerns rather than striking deals for asset sales or other concessions...

Microsoft’s Proposed Acquisition of Activision Blizzard Could Be A Game Changer for Antitrust Challenges of Digital Market Mergers

Posted  01/28/22
By David Golden
Federal antitrust enforcers may be on the verge of rewriting the code for challenges to mergers in digital markets as they decide whether to challenge Microsoft’s bid to acquire Activision Blizzard. Microsoft’s recent announcement that it intends to acquire video-game publisher Activision for $75 billion sent shockwaves across the video-game industry and generated plenty of headlines.  This is the latest...

Introducing Antitrust Matters, A Constantine Cannon Podcast

Posted  01/28/22
Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. Antitrust has always mattered to consumers and businesses, and to antitrust lawyers and economists, but today it also is in the political and public discourse more than ever. From the prices we pay for food, travel, financial services, payments to the way we interact daily using digital apps and platforms,...

Antitrust Enforcers Are Continuing to Plow the Fields of Agriculture

Posted  01/27/22
By Taline Sahakian, Alan H. Schwartz
The Biden administration is carrying through on its commitment—which we previously  analyzed in Antitrust Today—to beef up antitrust enforcement in the agriculture industry in an attempt to increase competition and address rising food prices. While some are debating whether increased antitrust enforcement will help reduce prices, activity by the Department of Agriculture (“USDA”) and the Department of...
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