Antitrust Enforcement

Far From Being Off the Hook, Facebook is Waiting For the FTC’s Next Move

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

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...

The FTC’s Promotion of Competition in Aftermarkets for Repairs Gets a Boost From Biden’s Executive Order on Antitrust Enforcement

President Biden’s Executive Order on Promoting Competition in the American Economy, which seeks to invigorate antitrust enforcement, already appears to bearing fruit in the fields of the FTC. Coming on the heels of President Biden’s July 9, 2012, Executive Order, the FTC voted unanimously on July 21, 2021, to adopt the Policy Statement of the Federal Trade Commission on Repair Restrictions Imposed by...

The Antitrust Week In Review

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

The F.T.C. votes to use its leverage to make it easier for consumers to repair their phones.  The Federal Trade Commission voted unanimously on Wednesday to push harder for the right of consumers to repair devices like smartphones, home appliances, cars and even farm equipment, arguing that large...

President Biden Signs Sweeping Executive Order to Promote Competition

Antitrust enforcement in the United States could be reinvigorated to an extent not seen in decades as a result of President Biden’s sweeping executive order on “Promoting Competition in the American Economy” (the “Order”), which aims to enhance business competition, curb corporate dominance, and provide consumers and workers more choices and benefits across various industries ranging from agriculture to...

The Antitrust Week In Review

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

Analysis: Dealmakers see M&A rush, then chills, in Biden's antitrust crackdown.  Dealmakers expect a new wave of transformative U.S. mergers and acquisitions (M&A), as companies rush to complete deals before President Joe Biden's antitrust push takes shape, to be followed by a slowdown when regulators...

The Antitrust Week In Review

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

Biden's executive order to promote competition in the U.S. economy includes over 70 initiatives.  President Joe Biden will sign an executive order that includes 72 initiatives he wants over a dozen agencies to undertake to promote competition throughout the U.S. economy, according to a fact sheet released...

The Antitrust Week In Review

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

Exclusive: White House order pushes antitrust enforcement throughout U.S. economy.  The White House is working on an antitrust executive order that aims to push government agencies to consider how their decisions will impact competition in an industry, according to two sources familiar with the matter. The...

Supreme Court Slams NCAA’s “Procompetitive Rationale” in Unanimous Ruling

Last week, the Supreme Court unanimously affirmed a lower court decision striking down NCAA rules limiting student-athlete compensation in a decision that is now being scrutinized for its impact on both antitrust law and college sports. In NCAA v. Alston, plaintiffs challenged those restrictions as a horizontal agreement to limit earnings for their labor.  The Supreme Court agreed, holding that the antitrust laws...