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Antitrust Insights and Analysis

Will Supply Chain Delays and Skyrocketing Prices Lead to the End of Ocean Carriers’ Antitrust Exemption?

Posted  01/7/22
By Seth D. Greenstein
One of the oldest antitrust exemptions may yet fall victim to the pandemic as the global supply chain crisis causes federal policymakers to reevaluate the statutory immunity currently enjoyed by ocean carriers. Despite a year of turmoil in the ocean carriage supply chain, American consumers appear to have weathered the holiday shopping season with most of their gift giving intact.  Many consumers did their part by...

Startups Take Note: Feds Propose Limits on Standard-Essential Patent Market Power by Disfavoring Injunctions and Enforcing Non-Discriminatory Commitments

Posted  01/4/22
By David Golden
The federal government is taking some welcome steps toward restoring the balance between antitrust policy and intellectual property rights with its proposed statement on the remedies available to standard-essential patent (“SEP”) owners against companies that depend on fair licensing terms for essential technologies. On December 6, 2021, the Antitrust Division, along with the Patent and Trademark Office and the...

The Antitrust Year in Preview: Six Antitrust Developments to Watch in 2022

Posted  01/3/22
By Ankur Kapoor, Daniel Vitelli
As we enter the third year of the COVID-19 pandemic, it’s become clear that one thing the pandemic hasn’t slowed is the revival of antitrust activity.  Here are six major antitrust developments expected this year, with potentially big implications for tech antitrust, merger enforcement, and criminal antitrust enforcement against no-poach agreements.
  1. Antitrust Bills in the U.S. Congress
We expect Congress...

The Antitrust Week In Review

Posted  12/28/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. As Prices Rise, Biden Turns to Antitrust Enforcers.  As rising inflation threatens his presidency, President Biden is turning to the federal government’s antitrust authorities to try to tame red-hot price increases that his administration believes are partly driven by a lack of corporate competition....

The Antitrust Week In Review

Posted  12/21/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Penguin Random House Defends Effort to Buy Simon & Schuster.  Penguin Random House, the largest book publisher in the United States, said in a court filing that its plan to buy a competitor, Simon & Schuster, would be a boon for the industry, benefiting authors, booksellers and readers. However, the U.S....

What Potential Whistleblowers Need to Know About the Proposed FTC Whistleblower Act of 2021

Posted  12/16/21
By Taline Sahakian, Kristian Soltes
  Employees who are considering reporting wrongdoing by their employers to the Federal Trade Commission (“FTC”) may get some added incentives and protection if a proposed whistleblower bill becomes law. The proposed FTC Whistleblower Act of 2021 (the “Bill”) was introduced in the House of Representatives on November 30, 2021, by Congresswoman Jan Schakowsky (D-IL) and Congresswoman Lori Trahan (D-MA)....

The Antitrust Week In Review

Posted  12/14/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Apple can delay changes to App Store rules, appeals court says.  A federal appeals court delivered a last-minute reprieve to Apple, agreeing to the company’s request to delay a legal order requiring it to make policy changes to its App Store that could help app developers circumvent what they say are...

What to Expect During Antitrust Merger Reviews and Investigations Under the Biden Administration (Part 2): Practice Tips if You are Served With a CID or Second Request

Posted  12/14/21
By Alysia A. Solow, Alan H. Schwartz
As explained in Part 1 of What to Expect During Antitrust Merger Reviews and Investigations under the Biden Administration, antitrust enforcers under the Biden Administration, the Federal Trade Commission (“FTC”) and U.S. Department of Justice (“DOJ”) Antitrust Division are pushing forward to promote competition and to stop anticompetitive mergers.  Part II of this primer provides practical tips that will ...

FTC Seeks to Maintain the Neutrality of the “Switzerland” of the Computing Industry by Suing to Block Nvidia’s Deal to Buy Arm

Posted  12/9/21
By David A. Scupp
The Federal Trade Commission launched a battle to preserve competition in multiple computing markets last week with the filing of a complaint seeking to block Nvidia Corporation’s $40 billion acquisition of Arm, Ltd. In bringing this action, the FTC makes clear that the days of federal regulators giving vertical mergers an automatic pass are over. Nvidia is one of the world’s largest computing companies. ...

The FTC is Searching for Weak Links in its Investigation of the Retail Supply Chain

Posted  12/6/21
By Allison F. Sheedy, Janice Johnson
Last week the Federal Trade Commission began an investigation searching for the weak links causing supply chain disruptions in the U.S. economy.

Supply Chain Antitrust Law Firm

The FTC issued orders under Section 6(b) of the FTC Act—administrative subpoenas seeking detailed information—to nine of the country’s largest retailers, wholesalers, and consumer goods suppliers, including Amazon, Walmart, Proctor &...
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