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Antitrust Insights and Analysis

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...

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...

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...

New York’s Proposed Premerger Review Program Would Provide Much-Needed Protection for Consumers

Posted  08/3/21
By Ethan E. Litwin
New York State is on the precipice of unleashing a much-needed revolution in antitrust law. This blog recently covered New York’s proposal to amend the Donnelly Act (New York’s antitrust statute) to adopt a European-style abuse of dominance standard.  In this post, we analyze New York’s proposed mandatory premerger review program, which would complement the federal premerger notification program established...

Far From Being Off the Hook, Facebook is Waiting For the FTC’s Next Move

Posted  08/2/21
By Robert L. Begleiter, Taline Sahakian
The face-off between Facebook and federal and state antitrust enforcers is not over. As you may recall, in late June 2021, the Judge James E. Boasberg of the United States District Court for the District of Columbia dismissed the Federal Trade Commission’s (“FTC”) and the state attorney generals’ (“State AGs”) complaints against Facebook in two opinions issued the same day.[1]  While it dismissed the...

New York’s Pending Antitrust Bill – What It Would Mean for Companies That Have Market Shares in Excess of 30-40%

Antitrust is in the news every day.  Amidst the deluge of stories about cases filed by federal and state enforcers against tech companies, the nomination of Lina Khan to the Federal Trade Commission, President Biden’s sweeping Executive Order and competing antitrust bills introduced in both chambers of Congress, you may have missed that New York State is embarking on a unique path in antitrust enforcement. In...

Developments in Merchant Surcharging: Hold the Champagne

Posted  07/28/21
By Jeffrey I. Shinder, Kristian Soltes
Those following the payments industry press on surcharging may have noticed headlines touting recent events in state legislatures and in the courts, which deceptively suggest that the state laws prohibiting merchant surcharging are falling away.  But, as is often the case, the devil is in the details and the positive headlines mask a more sobering reality.   Colorado Governor Jared Polis, for example, recently

The FTC’s Promotion of Competition in Aftermarkets for Repairs Gets a Boost From Biden’s Executive Order on Antitrust Enforcement

Posted  07/27/21
By James J. Kovacs, Yo W. Shiina
President Biden’s Executive Order on Promoting Competition in the American Economy, which seeks to invigorate antitrust enforcement, already appears to bearing fruit in the fields of the FTC. Coming on the heels of President Biden’s July 9, 2012, Executive Order, the FTC voted unanimously on July 21, 2021, to adopt the Policy Statement of the Federal Trade Commission on Repair Restrictions Imposed by...

A MODEST PROPOSAL For preventing our young adults in the United States from being a burden to their country, and for making them beneficial to the public good

Posted  07/23/21
By Ankur Kapoor
To quote the literary inspiration for this blog post: “It is a melancholy object to those who walk through this great town or travel in the country,”[1] namely, partners at law firms, that competition for talented law-school graduates has reached such a fever pitch that one law firm after another, literally every day, is increasing compensation for first-year associates to an astounding $200,000 per year—not...
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