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Making Sense of a Rare Robinson-Patman Act Plaintiffs’ VerdictOn May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and...
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New Developments in French Competition Law Pose Risk of Ex-Post Challenge to Non-Notifiable TransactionsIn a significant development for French merger control, on May 2, 2024, the French Competition Authority (FCA) applied the jurisprudence laid down...
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Effecting M&A Diligence When Competitors Are InvolvedIncreased scrutiny of the healthcare industry from antitrust agencies such as the Federal Trade Commission and US Department of Justice emphasize...
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New DOJ Task Force to Target ‘Multisided Giants’ in HealthcareThe US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing...
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Antitrust M&A Snapshot | Q1 2024Topics covered in this edition: The Federal Trade Commission (FTC) and US Department of Justice have begun implementing the 2023 Merger Guidelines...
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What California’s DOJ Said at the 2024 Antitrust Law Section Spring MeetingThe American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers...
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust ApproachAs reflected in the December 2023 merger guidelines, the Federal Trade Commission and the US Department of Justice have changed the way they think...
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Heard at the 2024 Antitrust Law Section Spring Meeting: Part IIThe American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from...
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Heard at the 2024 Antitrust Law Section Spring Meeting: Part IThe American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features...
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Google Moves to Dismiss Third Complaint Alleging Tying of Google Maps API ServicesBACKGROUND Google LLC and Alphabet Inc. (Google) moved to dismiss a third successive complaint that alleged it tied the sales of Maps, Routes and...
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Antitrust M&A Snapshot | Q4 2023Topics covered in this edition: New Merger Guidelines Released FTC Focused on Pharmaceutical Companies FTC Targets “Moat-Building” Mergers Fifth...
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The Fix Is In – Key Learnings From Recent Vertical Merger ChallengesVertical mergers are inherently more difficult for the government to litigate than horizonal mergers. After not litigating a vertical merger case...
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Year in Review: Criminal Enforcement by the DOJ Antitrust Division in 2023When it comes to antitrust criminal enforcement, 2023 will be remembered as the year when the US Department of Justice’s (DOJ) Antitrust Division...
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Court Finds Red Cross Has Antitrust Immunity, Rejecting Broad Interpretation of the Sherman ActWHAT HAPPENED Recently, in a rarely considered question, the US District Court of Massachusetts held that the American Red Cross (ARC), a...
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FTC and DOJ: Preserve Your Chats!The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) are updating their standard preservation notices and instructions for...
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FTC Announces Annual Merger Notification Threshold and Filing Fee AdjustmentsOn January 22, 2024, the Federal Trade Commission (FTC) announced increased jurisdictional thresholds, increased filing fee thresholds and filing...
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Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging CaseWHAT HAPPENED A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction,...
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New FTC, DOJ Merger Guidelines Create Challenges and OpportunitiesThe US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on December 18,...
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Antitrust M&A Snapshot | Q2 2023Topics covered in this edition: FTC Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications Assa Abloy...
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Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and EnforcementMergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission and the US Department of Justice under new...
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Cartel Corner | July 2023In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US...
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Vertical Agreements & Restriction of Competition by Object: What’s New in Europe?On June 29, 2023, the Court of Justice of the European Union (CJEU) delivered a preliminary ruling in the Super Bock Bebidas vs. Autoridade da...
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FTC Releases Proposed Changes to Premerger Notification Form and ProcessThe Federal Trade Commission (FTC) has proposed, for comment, significant changes to the information and documents to be submitted with premerger...
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EU Competition Law: New Horizontal Block Exemption Regulations and Horizontal GuidelinesThe European Commission recently adopted and published the revised Research and Development Block Exemption Regulation and Specialisation Block...
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The Potential Benefits of New EU Merger Control RulesThe European Commission recently adopted and published a package to simplify the procedures for reviewing concentrations under the EU Merger...
