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Standard-Essential Patents Are Being Reintroduced to Antitrust Standards With the Welcome Demise of the “New Madison” Approach

Posted  10/15/21
By David Golden
The U.S. Department of Justice’s (“DOJ”) hands-off approach to antitrust enforcement involving standard-essential patent (“SEP”) licensing may soon be relegated to the dustbin of history, where it belongs. DOJ’s Antitrust Division is currently re-evaluating the Department’s December 2019 Policy Statement on Remedies for SEPs, which largely removed SEPs from antitrust scrutiny under former Assistant...

The Five Developments You Should Follow if You Want to Know What Antitrust Enforcers Are Doing in the Fields of Agriculture

Posted  10/11/21
By Taline Sahakian, Alan H. Schwartz
While you may have noticed how expensive your recent trips to the supermarket have become, have you thought about why?  Is it because of the pandemic? Shipping problems?  Is it due to problems with the food supply? The short answer is “all of the above,” but, according to the Biden administration, antitrust abuses—including consolidation in the agriculture industry—could also be playing a major role in...

The Antitrust Week In Review

Posted  10/11/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Apple to face EU antitrust charge over NFC chip – sources.  Apple will be hit with an EU antitrust charge over its NFC chip technology, people familiar with the matter said, a move that puts it at risk of a possible hefty fine and could force it to open its mobile payment system to rivals. The iPhone...

The Antitrust Week In Review

Posted  10/4/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. antitrust official says competition in labor markets a top concern.  The U.S. Justice Department's acting head of its Antitrust Division said on Friday that labor markets were a top priority for enforcement efforts, indicating a shift toward issues set by the White House's executive order on...

Consumers Are Poised to Gain an Advocate for Privacy Rights at the Federal Trade Commission

Posted  09/24/21
By Paulette Rodríguez López
The Biden administration has sent a strong signal it is serious about regulating technology behemoths with its latest pick for Commissioner of the Federal Trade Commission, Alvaro Bedoya—a leading privacy advocate. On September 13, 2021, President Biden nominated Bedoya—Visiting Professor of Law and Founding Director of the Center on Privacy and Technology at Georgetown University Law School—for the final...

Antitrust Has Failed

Posted  09/22/21
By Ethan E. Litwin
By any measure, the last 40 years of U.S. antitrust enforcement has been an abject failure. Despite a statutory regime supposedly designed to protect competition and protect consumer welfare, public antitrust enforcers have failed to achieve either goal.  Responsibility for this gross dereliction of duty is decidedly non-partisan: For more than 20 years, enforcers loosely associated both political parties have...

Rocking the Boats: Federal Government Tackles Competition in Maritime Shipping

Posted  09/21/21
By J. Wyatt Fore
The Federal government is taking a closer look at the maritime shipping industry—and for good reason. In 2000, the 10 largest shipping companies controlled just half of the world container shipping market.  Today, it’s more than 80%. As goods are increasingly manufactured in Asia and then transported to the United States, ocean carriers control a critical chokepoint.  This shift, combined with COVID-19,...

The Antitrust Week In Review

Posted  09/20/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary.  The Federal Trade Commission voted to withdraw its approval of the Vertical Merger Guidelines, issued jointly with the Department of Justice (DOJ), and the FTC’s Vertical Merger Commentary. The FTC stated that the guidance...

An Epic Fail or an Epic Win for Tech Antitrust?

Posted  09/20/21
By Ankur Kapoor
On September 10, the court issued its judgment in the trial of Epic Games, Inc. v. Apple Inc., ruling in Apple’s favor on nine out of Epic’s ten claims and on Apple’s counterclaims, but in Epic Games’ favor on its claim under California’s Unfair Competition Law.  Judge Yvonne Gonzalez Rogers’ 180-page, single-spaced findings of fact and conclusions of law are the first exposition, by a U.S. court, of...

The Antitrust Week In Review

Posted  09/13/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. lawmakers say decision in Apple/Epic fight shows need to update laws.  U.S. lawmakers determined to tighten antitrust laws said on Friday that a judge's decision giving only a partial victory to "Fortnite" creator Epic Games in its fight with Apple Inc was further evidence of the need for new laws...
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