Latest Publications

Share:

Clear-Eyed Robinson-Patman Act Takeaways From Eye Drop Verdict

Introduction A recent ruling condemning price discrimination for a popular eye drop brand is yet another reminder that companies cannot afford to ignore antitrust risk under the Robinson-Patman Act (RPA), a longstanding law...more

Ticketmaster and Live Nation Face the Music

Anyone trying to score tickets to Taylor Swift’s “Eras” tour is familiar with the political backlash following Ticketmaster’s inability to handle “unprecedented” demand for the concert series. The U.S. Department of Justice...more

FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after...more

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

Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

DOJ Procurement Collusion Strike Force Revs Up in 2022

Continuing its prolific run of indictments, guilty pleas, and convictions, on July 13, 2022, the U.S. Department of Justice (DOJ) Procurement Collusion Strike Force (PCSF or Strike Force) secured a guilty plea from a Texas...more

Antitrust Challenge to McDonald’s No-Poach Restriction Evaluated Under the Rule of Reason

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more

FTC Settlement Highlights More Aggressive Enforcement of Private Equity Acquisitions

The U.S. Federal Trade Commission (FTC) voted 5-0 to issue a complaint and accept a proposed order for public comment regarding private equity fund JAB Consumer Partners SCA SICAR’s (JAB) $1.1 billion acquisition of SAGE...more

Trump-Era Statement on Standards-Essential Patents Withdrawn

The Antitrust Division of the U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) (the Agencies) announced the withdrawal of a 2019...more

Antitrust Enforcers Heeding President’s Call on Agriculture and Transportation

President Joe Biden issued Executive Order 14036 on Promoting Competition in the American Economy on July 9, 2021. Touting the advantages of an “open and competitive economy,” the executive order highlights how competitive...more

Considerations for Launching an E-commerce Platform

COVID-19 is the biggest disruption to consumer retail spending patterns in recent history. Store closures and stay-at-home orders have accelerated the adoption of e-commerce, and U.S. consumers are expected to spend more than...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

Compliance Is King: DOJ Announces Policy to Incentivize Corporate Antitrust Compliance Programs

The U.S. Department of Justice (DOJ) announced a new policy on July 11, 2019, designed to incentivize the development and implementation of corporate antitrust compliance programs. In remarks made at the New York...more

FTC v. Qualcomm Decision—Qualcomm Enjoined From Anticompetitive Practices, Creating Standard-Essential-Patent Licensing...

Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the Federal Trade Commission (FTC) last week in its antitrust enforcement action against Qualcomm, and issued an injunction that, if...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

In Re Vitamin C: Supreme Court Rules Foreign Government’s Statement of Law Not Binding on Federal Courts

In a 9-0 opinion delivered by Justice Ruth Ginsburg, the United States Supreme Court last week ruled that the federal courts are not “bound to accord conclusive effect” to a foreign government’s statement of its own law under...more

Takeaways From TRANSACT: Payments Industry Legal and Regulatory Trends

Earlier this month, the Electronic Transactions Association (ETA) hosted its annual TRANSACT conference to connect and educate the various branches of the payments industry. Industry leaders spoke on technology, security,...more

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

Assessing the Trump Administration’s Approach to Antitrust and Unfair Competition

As President-elect Donald Trump prepares to take the helm of the executive branch of the federal government, many are asking how he will approach antitrust regulation. Conventional wisdom holds that Republicans are more...more

DOJ and FTC Issue Guidance and Announce Policy Shift Regarding Antitrust Challenges to Hiring and Compensation Decisions

The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016. The guidance addresses the applicability of...more

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

Recent Court Cases Interpreting “Reverse Payments” Post-Actavis

Patent settlement agreements were traditionally deemed outside the purview of antitrust scrutiny unless the patent holder’s conduct fell outside the legitimate scope of the patent’s exclusionary power. This all changed when...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide