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Antitrust Today

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,...

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.),...

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

Posted  02/18/19
By Alex Cohen
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...

The Antitrust Week In Review

Posted  02/18/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. German govt adviser proposes broader view of EU antitrust rules.  European Union antitrust rules could be reformed to introduce a two-stage review of mergers that would examine competition issues and then broader public interests, said the head of a German commission tasked with coming up with reforms...

FTC Approval of Staples-Essendant Merger Exposes Fault Lines on Merger Enforcement

Posted  02/11/19
By Alex Cohen
The U.S. Federal Trade Commission’s (“FTC”) recent approval of Staples, Inc.’s acquisition of office supply wholesaler Essendant, Inc.—on a party-line three-to-two vote—reveals the agency’s divergent political views on merger enforcement and vertical transactions. On January 28, 2019, Republican Commissioners Simons (FTC Chair), Phillips and Wilson issued a joint statement in support of their votes to...

The Antitrust Week In Review

Posted  02/11/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. House panel passes bill targeting OPEC oil supply cuts. A U.S. House of Representatives committee approved a bill on Thursday that would open up the Organization of the Petroleum Exporting Countries to antitrust lawsuits, but it was uncertain if the measure would be considered by the full chamber. A U.S....

The Antitrust Week In Review

Posted  02/4/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Democratic lawmaker re-introduces bills to strengthen antitrust.  Senator Amy Klobuchar, the top Democrat on the Senate Judiciary Committee’s antitrust panel, said on Friday that she had re-introduced two bills aimed at strengthening enforcement of U.S. antitrust law. One of the bills would adjust fees...

The Antitrust Week In Review

Posted  01/28/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. E.U. Fines Mastercard $650 Million Over Fees Merchants Were Forced to Pay.  The European Commission has fined Mastercard 571 million euros, or around $650 million, for breaching antitrust rules by raising payment-processing fees artificially, leading to higher prices for retailers and consumers. The...

The Antitrust Week In Review

Posted  01/22/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. F.T.C. Is Said to Be Considering Large Facebook Fines.  The Federal Trade Commission is in the advanced stages of its investigation into whether Facebook violated privacy rules and is expected to seek large fines from the company, according to two people familiar with the inquiry.  The five members of...

The Antitrust Week In Review

Posted  01/14/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. HSBC to pay $30 million to settle bond rigging lawsuit in U.S.  HSBC Holdings Plc has agreed to pay $30 million to settle litigation by investors who accused 11 big banks of rigging the roughly $9 trillion government agency bond market from 2009 to 2015. The settlement with the British bank was made...
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