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Antitrust Today

Quick Facts About the Antitrust Bills Introduced in The Senate (Part 1)

Posted  03/4/22
By Matthew Moore and Taline Sahakian Antitrust law was due for an update—and that day may have come. When the Democrats took control of the White House, Senate and House of Representatives, it was expected that they would seek to reform the antitrust laws. Even the Republicans on the Senate antitrust subcommittee were chomping for change. And indeed, this Senate has seen a number of bills proposed that would...

Antitrust Enforcers Take Aim at Vertical Collusion in Defense Industry

Posted  03/3/22
By Sarah Bayer United States antitrust enforcers are stepping up their defense of competition in the defense industry to protect it from vertical—not just horizontal—anticompetitive acts. U.S. national security depends on a competitive defense industry to attract and cultivate top talent and deliver cutting-edge technology at the best value to taxpayers.  Recent actions by federal antitrust enforcers...

UPDATE:  The End of the Ocean Carriers’ Antitrust Exemption?

Posted  03/2/22
By Seth D. Greenstein President Joe Biden’s call for shipping reform during his State of Union address is the latest indicator that the longstanding antitrust exemption for ocean carriers may be running aground. On January 7, 2022, this blog asked whether supply chain delays and skyrocketing container shipping prices could lead to the end of ocean carriers’ historical immunity from the antitrust laws under...

The Antitrust Week In Review

Posted  03/1/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   .  U.S. regulators and Meta Platforms Inc (FB.O) are at odds over when to start a high-profile antitrust trial, with the Federal Trade Commission proposing December 2023 and the Facebook parent company asking for more time. According to a joint filing in...

The Antitrust Week In Review

Posted  02/22/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   .  The U.S. Justice Department's Antitrust Division and the FBI announced an initiative to detect and prosecute companies that take advantage of supply chain disruptions to collude with rivals in order to raise prices. The...

Treasury Department’s Report Recommends an Antitrust Cocktail to Revive Competition in Alcohol Markets

Posted  02/18/22
By Yo W. Shiina   The United States Treasury Department has answered President Biden’s call for increased antitrust enforcement with on competition in alcohol markets that strongly recommends increased antitrust scrutiny of those markets by the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”).   The Treasury Department issued the Report...

FTC And Rhode Island Join Forces to Block Merger of State’s Two Largest Healthcare Providers

Posted  02/17/22
The Federal Trade Commission today to join with the State of Rhode Island in suing to block the merger of Lifespan Corporation (“Lifepsan”) and Care New England Health System (“CNE”). The FTC and the Rhode Island Attorney General are filing a complaint in federal district court seeking a temporary restraining order and preliminary injunction to stop the proposed merger of Rhode Island’s...

FTC Chair Khan Calls for State Antitrust Actions to be Exempt From Transfers to Multidistrict Litigation

Posted  02/17/22
By David A. Scupp   Last week, FTC Chair Lina Khan once again demonstrated her willingness to step out of the conventional box with an endorsement of legislation designed to invigorate enforcement of the antitrust laws.   What makes Khan’s endorsement unconventional is that the antitrust enforcers that would benefit from the legislation are state attorneys general, not the FTC.  It is a rare event to...

The Antitrust Week In Review

Posted  02/16/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   .  Microsoft kicked off a charm offensive in Washington to gain government approval for its $70 billion deal to buy the video game company Activision Blizzard, saying it would not give preferential treatment to its own games in...

A Nearsighted Approach to Product Market Definition:  Court Rejects Low-Cost Rival’s Antitrust Claims Alleging Novartis Blocked Competition in the Sale of Eye-Disease Treatments

Posted  02/8/22
By Allison F. Sheedy, Ethan Litwin, and Ankur Kapoor One antitrust case we have been watching closely is the patent-related filed by biotechnology company Regeneron alleging rival Novartis blocked competition in the sale of an innovative treatment for degenerative eye diseases. The groundbreaking treatment involves the use of pre-filled syringes containing a specialty medication used to treat...
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