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The Antitrust Week In Review

Posted  08/24/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Revives Facebook Suit, Adding Details to Back Claim of a Monopoly.  The Federal Trade Commission took new aim at Facebook on Thursday, beefing up its accusations that the company was a monopoly that illegally crushed competition, in an attempt to overcome the skepticism of a federal judge who threw...

Ten Facts About Jonathan Kanter, Biden’s Pick to Head Antitrust

Posted  08/23/21
By Henry C. Su
President Biden’s nomination of Jonathan Kanter to be the Assistant Attorney General in charge of the U.S. Department of Justice’s Antitrust Division is a sure sign that the Administration is serious about reinvigorating antitrust enforcement. While the Senate Judiciary Committee has not yet taken any action on the nomination, which the White House announced last month, it’s not too soon to consider 10 key facts...

The Antitrust Week In Review

Posted  08/16/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Biden's antitrust crackdown adds to anxiety of merger investors.  U.S. President Joe Biden's tougher regulatory stance on big corporate mergers has fueled a rise in investor bets on some deals not being completed, threatening to push the brakes on a record-setting dealmaking boom. Spreads between deal...

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...

The Antitrust Week In Review

Posted  08/9/21

Here are some of the developments in antitrust news this past week that we found interesting and are following.

U.S. antitrust enforcer says merger wave means slower vetting.  A huge increase in the number of mergers coming before the U.S. Federal Trade Commission for antitrust reviews is limiting its ability to investigate deals in a timely fashion, the FTC said on Tuesday. The agency, which works with the Justice...

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...

The Antitrust Week In Review

Posted  08/2/21

Here are some of the developments in antitrust news this past week that we found interesting and are following.

New York, other states to fight dismissal of antitrust lawsuit against Facebook.  New York and other U.S. states filed a notice on Wednesday saying they will fight the dismissal of an antitrust lawsuit that they launched against Facebook Inc in an appeals court. In June, a U.S. judge dismissed federal and...

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...
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