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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. 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 & Gamble, and Kraft Heinz Co.  The...

The Antitrust Week In Review

Posted  12/6/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. F.T.C. Sues to Stop Blockbuster Chip Deal Between Nvidia and Arm.  The Federal Trade Commission sued to block Nvidia’s $40 billion acquisition of a fellow chip company, Arm, halting what would be the biggest semiconductor industry deal in history. The F.T.C. said the deal between Nvidia, which makes...

The Antitrust Week in Review

Posted  11/22/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Senate approves Jonathan Kanter, a Big Tech critic, as the top U.S. antitrust official.  The Senate has confirmed Jonathan Kanter, a corporate lawyer and Big Tech critic, to the top antitrust role in the nation, the latest action in efforts to curb the power of Silicon Valley giants. In a 68-to-29 vote,...

Bell’s Brewery Sale May Tap Into Longstanding Portfolio Effects Debate

Posted  11/19/21
By Sarah Bayer
The announced acquisition of Bell’s Brewery by Japanese conglomerate Kirin provides an opportunity to reexamine the much-maligned “portfolio effects” doctrine of merger analysis. Bell’s, the Michigan-based craft brewer of Oberon and Two Hearted Ale, will join Fat Tire maker New Belgium within the Lion Little World Beverages subsidiary of Kirin.  Kirin owns a wide array of brands globally, as well as firms...

The Antitrust Week In Review

Posted  11/18/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. antitrust agencies see merger surge.  The U.S. Justice Department and Federal Trade Commission have been notified of more than 4,000 proposed transactions between March 2020 and September 2021, a sharp increase. The agencies, which share antitrust enforcement duties, created an online portal to...

The UK’s Competition Appeal Tribunal: Change at the Top, and a New Practice Direction on Witness Statements

Posted  11/17/21
By Stephen Critchley
The United Kingdom Competition Appeal Tribunal (the “CAT”) is charting a new direction in both leadership and witnesses. New President The CAT has announced that Sir Marcus Smith has replaced Mr Justice Roth as its President. As a barrister, Sir Marcus specialised in regulatory law. In 2009, he was appointed as a Chairman of the CAT, which hears appeals of various regulators’ decisions – specifically...

Do You Have an Antitrust Remedy When Your Major Suppliers, Buyers or Competitors Merge?

Posted  11/17/21
By Robert L. Begleiter, Taline Sahakian
A Primer on Private Merger Challenges As more and more companies fear that mergers in their industries will leave them with fewer options, they should consider whether they have an antitrust option available. Mergers are on the rise. The U.S. Department of Justice (“DOJ”) and Federal Trade Commission have reported a huge increase in mergers—with the antitrust agencies receiving more than 4,000...
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