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Spoiled Goods: FTC Denied Adverse Inference Request for Missing Texts in Kroger-Albertsons Merger Trial

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally deleted text...more

European Antitrust Bimonthly Bulletin - July/August 2023

The "European Antitrust Bimonthly Bulletin" (EABB) breaks down the major antitrust developments in Europe in the past two months into concise and actionable takeaways. ...more

Draft Merger Guidelines Issued: U.S. Antitrust Agencies’ Proposed Guidance Conflicts with Current Law and Seems Unlikely to Gain...

The two U.S. antitrust authorities—the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the “Agencies”)—have jointly proposed new Draft Merger Guidelines to replace...more

Home Court Disadvantage: In Illumina/Grail, FTC Loses Another Case Before Its Own Court

The Federal Trade Commission's (FTC's) in-house administrative law judge (ALJ) has handed the FTC a loss in its suit to reverse the completed acquisition of GRAIL, Inc. by Illumina, Inc. This is the FTC's second high-profile...more

China Amends Anti-Monopoly Law

This month, important amendments to the Chinese Anti-Monopoly Law (AML) came into force. Implementing regulations are now being finalized which will provide further detail on each set of changes.1 The Chinese antitrust...more

EU General Court Backs Up the European Commission's Tough Stance on Gun-Jumping

The European General Court (GC) has affirmed a EUR 28 million (USD 32 million) fine against Canon for gun-jumping in connection with Canon's 2019 acquisition of Toshiba's medical device business (TMSC). The GC's decision...more

CMA Receives Tougher Enforcement Powers

On April 20, 2022, the UK government announced its intention to introduce new powers for the UK's antitrust and consumer protection regulator, the Competition and Markets Authority (CMA). These include an expansion of the...more

CMA Orders Meta to Divest GIPHY

On November 30, 2021, the UK Competition and Markets Authority (CMA) concluded that the acquisition by Facebook (now Meta) of GIPHY, a deal which was originally signed in April 2020 and completed in May 2020, would reduce...more

CMA Levies Record Fine on Facebook for Deliberate Breach of Hold-Separate Order in Probe of GIPHY Takeover

On October 20, the Competition and Markets Authority (CMA) fined Facebook, Inc. £50.5 million ($69.5 million) for breaching an Initial Enforcement Order (IEO) during the CMA's investigation into the social media giant's...more

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