Nota Bene Episode 116: Challenging the U.S. Big Tech Antitrust Debate Assumptions: A Deep Dive with Thomas Dillickrath and Bill Margeson
In recent weeks, there have been several transformative developments that not only will profoundly impact antitrust and competition law but also shape the ability of so-called “Big Tech” to continue to dominate their...more
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
DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands...more
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
Last week, a Mayer Brown team joined over 4,000 lawyers from around the globe—including top enforcers from the US Federal Trade Commission (“FTC”), Department of Justice (“DOJ”), and the European Union (“EU”)—to discuss new...more
The Proposal clarifies the FDIC’s bank merger approval process but may prove challenging for new large bank consolidations with the FDIC as the primary regulator. On March 21, 2024, the Board of Directors of the Federal...more
On March 21, 2024, the U.S. Department of Justice (DOJ) and the attorneys general for 15 states and the District of Columbia filed a complaint against Apple in the District of New Jersey. The complaint alleges that Apple...more
Once considered non-arbitrable, competition law disputes between private parties are increasingly being resolved by arbitration. Even where competition law issues are not at the heart of the dispute, parties are becoming...more
On January 15, Washington Attorney General (AG) Bob Ferguson filed a complaint in King County Superior Court, seeking to block the merger of The Kroger Co. (Kroger) with its supermarket competitor, Albertsons Companies, Inc....more
Following last year’s significant amendments to the PRC Anti-Monopoly Law (2022 AML) the State Administration for Market Regulation (SAMR) has published final versions of the accompanying implementing regulations. Taking...more
The Antitrust Division of the U.S. Department of Justice (DOJ) suggested at the beginning of the year that it would consider criminally prosecuting monopolization conduct—a departure from antitrust enforcement of the past...more
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
The Seventh Circuit recently confirmed that Actavis is the appropriate framework to assess biosimilar patent settlements, despite the differences in the regulatory structure—the first appellate court ruling on this issue. In...more
There are relatively few changes in the draft regulations implementing the revised Anti-Monopoly Law in the areas of abuse of dominance, abuse of IPRs, and abuse of administrative powers. While mainly platform operators are...more
The draft Regulation Prohibiting Monopoly Agreements is a key part of the Anti-Monopoly Law reform package. While the expansion of the cartel prohibition to include third parties may not come as a surprise, the introduction...more
On 24 June 2022, the Standing Committee of China’s National People’s Congress passed the revision of the Anti-Monopoly Law (“AML”). One working day later, on 27 June 2022, the State Administration for Market Regulation...more
In late June 2022, the 13th National People’s Congress Standing Committee adopted the First Amendments to China’s Anti-Monopoly Law (“AML”). The amendments will take effect on August 1, 2022. Although the First Amendments to...more
On August 1, 2022, long-awaited amendments to China’s Anti-Monopoly Law — the first ever — will go into effect. These amendments include significantly harsher penalties and fines for certain violations, modifications to the...more
Before being acquired by American Airlines, US Airways sued Sabre for anticompetitive conduct under the Sherman Act. The case begins trial later this spring, and the district court’s recent ruling on summary judgment...more
Chinese antitrust is going through what are likely the most important changes since its inception: an amendment of the Anti-Monopoly Law and the establishment of a new enforcement body. ...more
Indonesia is pushing massive legal reforms to attract investments and boost economic growth in the world's fourth most populous country, including a revamp on antitrust sanctioning that would allow Komisi Pengawas Persaingan...more
In August 2020, the Anti-Monopoly Bureau of China's State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile...more
On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). ...more
On June 30, 2020, the JFTC published an interim report about market research on startup business practices (the "Report"). The JFTC will continue its research and will issue a final report. This is part of the effort by the...more
A new law that comes into effect in Russia on March 12, 2020, introduces antitrust compliance into Russian law. Among other things, this new law could serve as a legitimate basis for Russian subsidiaries of multinational...more