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Antitrust Has Failed

				
Posted  09/22/21
										

						By						  
													Ethan E. Litwin	
												
									

				 
								 				By any measure, the last 40 years of U.S. antitrust enforcement has been an abject failure.

Despite a statutory regime supposedly designed to protect competition and protect consumer welfare, public antitrust enforcers have failed to achieve either goal.聽 Responsibility for this gross dereliction of duty is decidedly non-partisan: For more than 20 years, enforcers loosely associated both political parties have...				 
				 					 

						
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Rocking the Boats: Federal Government Tackles Competition in Maritime Shipping

				
Posted  09/21/21
										

						By						  
													J. Wyatt Fore	
												
									

				 
								 				The Federal government is taking a closer look at the maritime shipping industry鈥攁nd for good reason.

In 2000, the 10 largest shipping companies controlled just half of the world container shipping market.聽 Today, it鈥檚 .

As goods are increasingly manufactured in Asia and then transported to the United States, ocean carriers control a critical chokepoint.聽 This shift, combined with COVID-19,...				 
				 					 

						
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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.

.聽 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鈥檚 Vertical Merger Commentary. The FTC stated that the guidance...				 
				 					 

						
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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鈥檚 favor on nine out of Epic鈥檚 ten claims and on Apple鈥檚 counterclaims, but in Epic Games鈥� favor on its claim under California鈥檚 Unfair Competition Law.聽 Judge Yvonne Gonzalez Rogers鈥� 180-page, single-spaced findings of fact and conclusions of law are the first exposition, by a U.S. court, of...				 
				 					 

						
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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.

.聽 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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The Antitrust Week In Review

				
Posted  09/8/21
								

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

聽 Here鈥檚 a tip for class action defendants in New England and Puerto Rico: If you credibly threaten to turn your case into a series of mini-trials over class membership, you can probably beat class certification. That鈥檚 the...				 
				 					 

						
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In the Dog Days of Summer, Prescription Pet Food Conspiracy Case Beats a Motion to Dismiss in Kansas

				
Posted  09/2/21
										

						By						  
						Taline Sahakian, Alysia A. Solow						
									

				 
								 				Is there any truth to the allegations that pet food manufacturers have conspired to monopolize and artificially inflate prices in the prescription pet food market?聽聽 The Court of Appeals of Kansas says possibly鈥攐r at least that Stevie Kucharski-Berger鈥檚 case making those allegations can withstand a motion to dismiss and seek proof of those claims through discovery.

Kucharski-Berger, upon advice of, and with a...				 
				 					 

						
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Supreme Court Reaffirms that Social Benefits Cannot Trump Competition Under the Sherman Act

				
Posted  08/31/21
										

						By						  
													Saidah Grimes	
												
									

				 
								 				Antitrust defendants have repeatedly failed to convince the Supreme Court it should recognize social objectives鈥攖hat do not enhance competition鈥攁s defenses to restraints of trade challenged under the Rule of Reason analysis applied to most Sherman Act claims.聽 The Supreme Court extended that string of losses with its recent decision in , which ruled, once again, that a defendant cannot defend...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  08/30/21
								

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

.聽 The U.S. Federal Trade Commission on Tuesday said it seeks to unwind life science company Illumina Inc's $7.1 billion acquisition of Grail Inc, alleging it would harm innovation and boost prices. FTC senior counsel Susan Musser said in her...				 
				 					 

						
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FTC Trial Seeks to Promote Competition in Cancer-Screening Tests by Unwinding Illumina-GRAIL Merger

				
Posted  08/30/21
										

						By						  
													David A. Scupp	
												
									

				 
								 				The FTC kicked off its trial . on Tuesday by urging an FTC administrative law judge to undo the $7.1 billion deal, arguing it would harm innovation and boost prices of cancer-screening tests.

The FTC鈥檚 bid to unwind the merger of DNA sequencing leader Illumina and GRAIL, a biotech company focused on early cancer screenings could impact the health of...				 
				 					 

						
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