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FTC Targets Contractual Restrictions on Voluntary Cooperation

The staff of the Federal Trade Commission (FTC) Bureau of Competition issued a statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct...more

DOJ Withdraws Healthcare Antitrust Policy Statements

The U.S. Department of Justice (DOJ), Antitrust Division, recently withdrew three sets of guidelines that had been relied upon heavily by the healthcare industry: the 1993 Antitrust Enforcement Policy Statements Issued for...more

“See Something, Say Something”: Prompt Reporting of Criminal Antitrust Violations Is Critical

When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one...more

“Reasonableness” Is in the Eye of the Beholder: Vague Contracts Clauses Invite Litigation

Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors. The announcement followed the U.S. Federal Trade Commission’s (FTC) threat to...more

Consummated Tech Mergers: Will the Government Seek to Unscramble the Eggs?

There are increasing calls for the antitrust enforcement agencies to review the effects of past acquisitions in the tech sector. Senator Elizabeth Warren has pledged to appoint enforcers committed to reversing such mergers....more

2019 ABA Antitrust Spring Meeting: Federal and State Antitrust Enforcement Takeaways

The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions...more

DOJ Seeks Public Comments on Paramount Decrees, Creates Critical Moment for Movie Industry

The Antitrust Division of the U.S. Department of Justice (DOJ) last week announced that it was seeking public comments on the continued viability of the Paramount Consent Decrees, which have regulated how motion pictures are...more

AT&T-Time Warner Merger Approved: Decision Analysis and Potential Implications for Similar Mergers

Following a six-week trial, federal Judge Richard Leon of the U.S. District Court for the District of Columbia recently approved AT&T’s 85-billion-dollar acquisition of Time Warner Inc. AT&T Inc. (along with its subsidiary,...more

New FTC Complaint Merits Attention of Group Purchasing Organization Suppliers and Participants

The Federal Trade Commission announced on February 12, 2018, that it has filed an administrative complaint seeking injunctive relief against three large dental supply companies, alleging that they violated the antitrust laws...more

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