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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...

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...

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...

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...

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

Posted  11/4/21
By Yo W. Shiina
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...

Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol

Posted  11/2/21
By Kristian Soltes
As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s many players. A California state court jury’s recent verdict awarding treble damages of $15 million to a medical marijuana collective could be an early harbinger of future activity in the cannabis space. The verdict was returned on...
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