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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,...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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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...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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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...

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

Posted  11/17/21
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...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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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...

Tagged in: Antitrust Enforcement,

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What to Expect During Antitrust Merger Reviews and Investigations Under the Biden Administration (Part 1)

Posted  11/11/21
By Alysia A. Solow, Alan H. Schwartz
Antitrust enforcers are revising the gamebook for firms that hope to get their mergers through the federal merger review process. As this blog has previously reported on increased antitrust enforcement under the Biden Administration, the Federal Trade Commission (“FTC”) and U.S. Department of Justice (“DOJ”) are continuing with their renewed efforts to promote competition and block potentially...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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The Antitrust Week In Review

Posted  11/8/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Facebook Faces New Antitrust Lawsuit.  Mark Zuckerberg, Facebook’s chief executive, downloaded a popular new app, Phhhoto, on Aug. 8, 2014, and took a selfie. Other Facebook executives and product managers soon followed suit. The social network then made overtures to integrate Phhhoto. But the interest...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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Will New York Become An AmEx Free Zone?

Posted  11/8/21
By Jeffrey I. Shinder
Many observers, this blog included, have commented on the potentially groundbreaking nature of New York’s proposed 21st Century Antitrust Act. Supporters of the bill emphasize the systematic dismantling of Section 2 of the Sherman Act, which is best evidenced by Justice Scalia’s “monopoly is good” diatribe in Verizon Communications, Inc. v. Trinko, 540 U.S. 398, 407.  Given the Supreme Court’s solicitude to...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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DOJ Seeks to Close the Book on Penguin Random House’s Acquisition of Simon & Schuster

Posted  11/4/21
On November 2, the U.S. Department of Justice (“DOJ”) once again demonstrated its renewed resolve to block anticompetitive concentrations by filing a civil antitrust lawsuit seeking to block Penguin Random House LLC’s proposed acquisition of its close competitor, Simon & Shuster. DOJ alleges that the merger would give Penguin Random House “outsized influence over who and what is published, and how much...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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Republican FTC Commissioners Issue Dissenting Statement on Use of Prior Approval Provisions in Merger Orders

Posted  11/3/21
By David A. Scupp
As this blog has discussed, the FTC announced last week it is restoring a policy of “routinely requiring merging parties subject to a Commission order to obtain prior approval from the FTC before closing any future transaction affecting each relevant market for which a violation was alleged.”  According to the FTC, its Prior Approval Policy will help prevent facially anticompetitive deals, preserve FTC resources,...

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