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The Antitrust Week In Review

Posted  02/7/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   EU antitrust regulators halt Illumina, Grail probe again, await data.  EU antitrust regulators have temporarily paused their investigation into U.S. life sciences company Illumina bid for $8 billion cash-and-stock takeover of Grail while waiting for the companies to provide details. This is the...

Will a Supreme Court Without Breyer Mean No Justice for Antitrust?

Posted  02/4/22
By Ankur Kapoor
Although the betting is underway for who will succeed Justice Stephen Breyer on the U.S. Supreme Court, all we know now is that Justice Breyer will retire as soon as the Court recesses for the summer.  Given Justice Breyer’s leading role on the Court in antitrust cases, we thought we’d take a look back at Justice Breyer’s antitrust jurisprudence, at what the Supreme Court might be losing, and...

Federal Indictment of Home Health Care Managers Highlights Antitrust Enforcers’ Increased Focus On Labor Markets

Posted  02/3/22
By Daniel Vitelli
Antitrust enforcers’ growing interest in labor markets received further confirmation last week with a federal grand jury’s indictment charging four managers of home health care agencies with participating in an alleged conspiracy to suppress the wages and restrict the job mobility of essential workers during the COVID-19 pandemic. The indictment follows on the heels of a statement by...

Constantine Cannon Files Amicus Briefs in Two Appellate Cases that Could Redraw the Boundaries of Antirust Enforcement

Posted  02/2/22
In keeping with its tradition of playing a leading role in major antitrust cases, Constantine Cannon filed amicus briefs in two important cases last week that wrestle with the scope of the antitrust laws and enforcement. Both of the Constantine Cannon briefs—in two of most watched antitrust cases currently being litigated—ask a U.S. Court of Appeals to reverse a district court for taking too restrictive a view...

The Antitrust Week In Review

Posted  02/1/22
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice antitrust chief says he'll seek to stop deals not settle.  The new head of the Justice Department Antitrust Division, Jonathan Kanter, said the government should seek to stop proposed mergers which pose anticompetitive concerns rather than striking deals for asset sales or other concessions...

Microsoft’s Proposed Acquisition of Activision Blizzard Could Be A Game Changer for Antitrust Challenges of Digital Market Mergers

Posted  01/28/22
By David Golden
Federal antitrust enforcers may be on the verge of rewriting the code for challenges to mergers in digital markets as they decide whether to challenge Microsoft’s bid to acquire Activision Blizzard. Microsoft’s recent announcement that it intends to acquire video-game publisher Activision for $75 billion sent shockwaves across the video-game industry and generated plenty of headlines.  This is the latest...

Antitrust Enforcers Are Continuing to Plow the Fields of Agriculture

Posted  01/27/22
By Taline Sahakian, Alan H. Schwartz
The Biden administration is carrying through on its commitment—which we previously  analyzed in Antitrust Today—to beef up antitrust enforcement in the agriculture industry in an attempt to increase competition and address rising food prices. While some are debating whether increased antitrust enforcement will help reduce prices, activity by the Department of Agriculture (“USDA”) and the Department of...

The Antitrust Week In Review

Posted  01/25/22
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. antitrust enforcers plan to toughen merger guidelines.  U.S. antitrust enforcers announced plans to rewrite merger guidelines in order to better fight illegal deals. The U.S. Justice Department and Federal Trade Commission issued a joint statement saying U.S. industries had become increasingly...

Merger Enforcement is Picking Up as DOJ and FTC Solicit Comments on Updating Merger Review Guidelines – Start Sharpening Your Pencils.

Posted  01/21/22
By Taline Sahakian
Anyone interested in the current antitrust revival will have an opportunity to voice his or her views as to how to improve antitrust enforcement aimed at anticompetitive mergers. Even non-attorneys are likely to have noticed the increased focus on antitrust enforcement in the United States targeting mergers through government reviews and litigated challenges.  From books to  computing technology, from beer to

FTC’s Antitrust Suit Against Facebook Survives Motion to Dismiss

Posted  01/19/22
By Yo W. Shiina
On January 11, 2022, the U.S. District Court Judge James Boasberg denied Facebook’s motion to dismiss the FTC’s Amended Complaint which alleges that Facebook maintained a monopoly in personal social service network market in violation of Section 2 of the Sherman Act. While the FTC won this particular battle, it will now need to prove its allegations through expert testimony and statistical analysis. Judge...
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