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The Antitrust Week In Review

Posted  10/19/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. DOJ defends realtor probe despite since-withdrawn settlement.  The U.S. Justice Department is arguing in Washington, D.C., federal court that it should be allowed to press its antitrust investigation of National Association of Realtors (NAR) policies and practices despite an earlier, but since withdrawn,...

Brussels on the Hudson: New York Imports European Merger Control

Posted  10/18/21
By Ethan E. Litwin, Jeffrey I. Shinder
In 2004, the European Commission re-wrote its Merger Regulation, making its well-established dominance test subservient to a U.S.-style significant lessening of competition (SLC) standard.  In 2021, New York State is poised to do the opposite: legislating market dominance as the touchstone for the evaluation of mergers that affect the 10th largest economy in the world.  The similarities between the pre-2004 European...

National Association of Realtors Spars with Justice Over Unapproved Settlement in Battle Over Commission-Related Policies

Posted  10/12/21
By Harrison J. McAvoy
Last month, the National Association of Realtors (“NAR”), the largest real estate industry trade association in the United States, filed suit against the U.S. Department of Justice (“DOJ”), seeking to end an investigation into policies governing multiple listing services (“MLSs”) that reduce competition among real estate brokers. The petition, filed in federal court in Washington D.C., claims that the...

The Antitrust Week In Review

Posted  10/11/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Apple to face EU antitrust charge over NFC chip – sources.  Apple will be hit with an EU antitrust charge over its NFC chip technology, people familiar with the matter said, a move that puts it at risk of a possible hefty fine and could force it to open its mobile payment system to rivals. The iPhone...

The Antitrust Week In Review

Posted  10/4/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. antitrust official says competition in labor markets a top concern.  The U.S. Justice Department's acting head of its Antitrust Division said on Friday that labor markets were a top priority for enforcement efforts, indicating a shift toward issues set by the White House's executive order on...

DOJ and States Seek to Halt Takeoff of American Airlines and JetBlue’s Joint Venture

Posted  09/28/21
By James J. Kovacs
The United States Department of Justice, six states and the District of Columbia recently unveiled an innovative antitrust complaint filed in the U.S. District Court for the District of Massachusetts seeking to dissolve American Airlines and JetBlue’s “Northeast Alliance.” While the complaint characterizes the agreements between the two airlines as a “de facto merger,” the antitrust enforcers take the...

Consumers Are Poised to Gain an Advocate for Privacy Rights at the Federal Trade Commission

Posted  09/24/21
By Paulette Rodríguez López
The Biden administration has sent a strong signal it is serious about regulating technology behemoths with its latest pick for Commissioner of the Federal Trade Commission, Alvaro Bedoya—a leading privacy advocate. On September 13, 2021, President Biden nominated Bedoya—Visiting Professor of Law and Founding Director of the Center on Privacy and Technology at Georgetown University Law School—for the final...

The Antitrust Week In Review

Posted  09/20/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary.  The Federal Trade Commission voted to withdraw its approval of the Vertical Merger Guidelines, issued jointly with the Department of Justice (DOJ), and the FTC’s Vertical Merger Commentary. The FTC stated that the guidance...

An Epic Fail or an Epic Win for Tech Antitrust?

Posted  09/20/21
By Ankur Kapoor
On September 10, the court issued its judgment in the trial of Epic Games, Inc. v. Apple Inc., ruling in Apple’s favor on nine out of Epic’s ten claims and on Apple’s counterclaims, but in Epic Games’ favor on its claim under California’s Unfair Competition Law.  Judge Yvonne Gonzalez Rogers’ 180-page, single-spaced findings of fact and conclusions of law are the first exposition, by a U.S. court, of...

The Antitrust Week In Review

Posted  09/13/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. lawmakers say decision in Apple/Epic fight shows need to update laws.  U.S. lawmakers determined to tighten antitrust laws said on Friday that a judge's decision giving only a partial victory to "Fortnite" creator Epic Games in its fight with Apple Inc was further evidence of the need for new laws...
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