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The Antitrust Week In Review

Posted  03/11/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Trump’s impeachable antitrust power grab. In a Washington Post opinion piece, Constantine Cannon’s Harry Litman comments on a report by The New Yorker of President Trump’s role in the government’s suit to block the AT&T-Time Warner merger. As Litman notes, The New Yorker’s Jane Mayer has...

The Antitrust Week In Review

Posted  03/4/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice Department will not appeal AT&T, Time Warner merger after court loss.  AT&T Inc, emerged victorious on Tuesday over the Trump administration’s drawn-out attempts to block its $85.4 billion purchase of Time Warner as the U.S. Justice Department said it would not fight an appeals court...

Court of Appeals’ Decision Upholding AT&T/Time Warner Merger Signals Hurdles in Vertical Merger Enforcement

Posted  02/26/19
By Gary J. Malone
Vertical mergers among high-tech companies likely became a bit easier today as the U.S. Court of Appeals for the D.C. Circuit rejected the U.S. Justice Department’s effort to overturn the district court ruling that gave a green light to AT&T’s acquisition of Time Warner. As this blog noted, the imminent appellate decision was much anticipated for the signals it would give as to the direction of vertical merger...

The Antitrust Week In Review

Posted  02/25/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. EU's Vestager says not precluding Facebook case in future.  Facebook is not currently in EU regulators’ crosshairs but it may well be in future because of the crucial role played by data, Europe’s antitrust chief said on Tuesday. European Competition Commissioner Margrethe Vestager’s comments came...

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.),...

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...
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