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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.

.聽 Mark Zuckerberg, Facebook鈥檚 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...				 
				 					 

						
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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鈥檚 proposed . Supporters of the bill emphasize the systematic dismantling of Section 2 of the Sherman Act, which is best evidenced by Justice Scalia鈥檚 鈥渕onopoly is good鈥� diatribe in , 407. 聽Given the Supreme Court鈥檚 solicitude to...				 
				 					 

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

				
Posted  11/4/21
								

				 
								 				On November 2, the U.S. Department of Justice (鈥淒OJ鈥�) once again demonstrated its renewed resolve to block anticompetitive concentrations by filing  seeking to block Penguin Random House LLC鈥檚 proposed acquisition of its close competitor, Simon & Shuster.

DOJ alleges that the merger would give Penguin Random House 鈥渙utsized influence over who and what is published, and how much...				 
				 					 

						
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Republican FTC Commissioners Issue Dissenting Statement on Use of Prior Approval Provisions in Merger Orders

				
Posted  11/3/21
										

						By						  
													David A. Scupp	
												
									

				 
								 				As this blog has discussed, the FTC  last week it is restoring a policy of 鈥渞outinely requiring merging parties subject to a Commission order to obtain prior approval from the FTC before closing any future transaction affecting each relevant market for which a violation was alleged.鈥澛� According to the FTC, its  will help prevent facially anticompetitive deals, preserve FTC resources,...				 
				 					 

						
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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  the antitrust spotlight is poised to increasingly shine on the industry鈥檚 many players.

A California state court jury鈥檚 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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The Antitrust Week In Review

				
Posted  11/1/21
								

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

.聽 A Senate committee on Thursday approved a critic of the tech giants to lead the Justice Department鈥檚 antitrust division, sending his nomination to the full Senate for a final vote. The Senate Judiciary Committee...				 
				 					 

						
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Biden鈥檚 Pick for Top Antitrust Enforcer is Likely to Continue DOJ鈥檚 Increasing Focus on Labor Markets

				
Posted  10/29/21
										

						By						  
													Janice Johnson	
												
									

				 
								 				President Biden鈥檚 nominee for his administration鈥檚 top antitrust enforcer appears likely to continue the trend of increased enforcement efforts in labor markets.

At his Senate confirmation hearing on October 6, 2021, Jonathan Kanter testified that, 鈥淚f the antitrust laws are not working to protect competition to the benefit of workers, then the antitrust laws are not working.鈥� Kanter is President Biden鈥檚 , 
												
						

					
	
								
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FTC Restores an Old Fence With Restoration of Prior-Approval Policy for Future Mergers by Anticompetitive Dealmakers

				
Posted  10/28/21
										

						By						  
													Allison F. Sheedy	
												
									

				 
								 				The FTC  this week that it is restoring a  that requires firms subject to FTC orders resolving聽 anticompetitive mergers to obtain prior approval from the FTC before closing future transactions.

Companies settling an anticompetitive deal by entering into a consent order with the FTC will need the agency鈥檚 blessing to close any further acquisitions in each affected market for at least...				 
				 					 

						
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New York Trustbusters Are Being Deputized to Bust Abusive Employers

				
Posted  10/27/21
								

				 
								 				New York鈥檚 pending overhaul of its antitrust law is in the forefront of a nationwide antitrust revival that seeks to use competition policy to combat labor market abuses.

This post examines how New York鈥檚 proposed 鈥攚hich has already 鈥攁spires 鈥渢o ensure that our labor markets are open and fair鈥� through a renewed focus on the harmful...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  10/25/21
								

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

.聽 "Fortnite" creator Epic Games on Friday opposed Apple Inc's efforts to put on hold orders handed down in an antitrust trial as a potentially lengthy appeals process plays out. Judge Yvonne Gonzalez Rogers in September struck down some of...				 
				 					 

						
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