ArticleThe Competition-Privacy CollisionAs political pressure builds for competition enforcers to protect consumers' privacy...United StatesAntitrust/Competition LawHogan Lovells Cadwalader
PodcastThe Delicate Dance Of Joint Defense Groups (Podcast)David Cross was a guest on the American Bar Association's Trust and Trade podcast, offering insight on decision-making, trust, and transparency when working in a joint defense group...United StatesAntitrust/Competition LawMorrison Foerster
ArticleThe Rise Of Monopoly Maintenance Cases And What It Means Beyond Big TechThe government's recent wave of Section 2 monopoly maintenance cases signals a significant shift in antitrust enforcement that extends well beyond Big Tech. Ronald F. Wick examines how established market leaders across healthcare, media, and other industries now face heightened scrutiny for maintaining their dominant positions through vertical integration and market power. Understanding the warning signs and compliance considerations has become essential for general counsel navigating this evolving enforcemUnited StatesAntitrust/Competition LawCohen & Gresser LLP
ArticleThe Unilateral Conduct Gap Sacrificing Interoperability And InnovationThe Sherman Act and related antitrust jurisprudence have proven flexible and capable of balancing competitive effects of virtually any kind of concerted conduct among two or more conspirators...United StatesAntitrust/Competition LawWinston Taylor
ArticleThree Years After Policy Shift, Still No Wage-Fixing Or No-Poach Prosecutions From DOJThe DOJ's decision to proceed criminally against such agreements is significant.United StatesAntitrust/Competition LawDuane Morris LLP
ArticleTransaction Advisers: European Commission Simplifies Procedures Under The EU Merger RegulationThe goal of the European Commission’s (Commission) December, 2013, Merger Simplification Package is to cut red tape and reduce the costs associated with European Union (EU) merger filings.United StatesAntitrust/Competition LawOrrick
ArticleTransparency In Merger Enforcement: At Least 50% Of Investigated Deals Cleared For Takeoff In Q1 2025The glass was at least half full for antitrust enforcement in Q1 2025. Despite the attention given to three merger enforcement complaints filed by the U.S. antitrust agencies...United StatesAntitrust/Competition LawAkin
ArticleTwo More Companies Admit To Fixing Generic Drug PricesAccording to the DOJ, these are the first resolutions in this litigation that require companies to divest their pravastatin-related products. Pravastatin is a widely used cholesterol treatment medicine.United StatesAntitrust/Competition LawMoginRubin
ArticleUnited States Supreme Court Accepts The Importance Of Two-Sided Markets AnalysisOn June 25, 2018, the U.S. Supreme Court, in a 5-4 decision by Justice Thomas, held that provisions in American Express Company's contracts with merchants that restricted the ability of these merchants...United StatesAntitrust/Competition LawA&O Shearman
ArticleUpdate: How A Potential Government Shutdown Will Impact US HSR Filings And Merger EnforcementIn a previous alert, we explained how the FTC and DOJ plan to address merger enforcement in the event of a potential government shutdown.United StatesAntitrust/Competition LawMilbank
ArticleUpdate On The Brocade Case: Court Dismisses Claims Based On Information From Settlement DiscussionsLast month, I wrote about a trade-secret case in which a defendant employee, David Cheung, asked the court to order the plaintiff employer, Brocade Communications, to pay his attorney's fees because the claims against him were frivolous. United StatesAntitrust/Competition LawFoley Hoag LLP
ArticleUptick In DOJ Antitrust Division Criminal FinesThe DOJ Antitrust Division obtained over $1 billion in criminal fines in fiscal year 2013 (October 1, 2012 – September 30, 2013). United StatesAntitrust/Competition LawDickinson Wright PLLC
ArticleUS Antitrust Enforcement In The Trump AdministrationWhile the Trump administration officially took office on January 20, 2017, the appointment and confirmation of the officials leading the two antitrust agencies has United StatesAntitrust/Competition LawA&O Shearman
ArticleWake Up Call: Ex-CIA Top Lawyer Is Biden's Defense GC PickBloomberg Law covered David Shaw's decision to join Morrison & Foerster after serving as deputy chief of staffUnited StatesAntitrust/Competition LawMorrison Foerster
ArticleWhat Does It Take To Reach The Top? A Conversation With The 2020 Hall Of Fame-inism Award WinnersLisa discusses how she achieved professional success and what more can be done to advance women within the antitrust bar.United StatesAntitrust/Competition LawMorrison Foerster
VideoWhat Should Directors Be Asking? Antitrust In The Boardroom (Video)Competition law has evolved from a specialized legal domain into a critical enterprise risk that demands board-level attention. How can corporate directors effectively oversee antitrust compliance and protect their companies from regulatory exposure in an era of heightened enforcement? United StatesAntitrust/Competition LawAxinn
Article„America First Antitrust": Politische Neuausrichtung Des US-Kartellrechts?Schneider discusses the implications of the new Republican administration for antitrust enforcement in the United States (in German). United StatesAntitrust/Competition LawWilmerHale
ArticleECJ Tightens Buyer's Liability For Antitrust DamagesThis article discusses the European Court of Justice's (ECJ) March 14, 2019 ruling (file no. C-724/17) on antitrust liability in M&A transactions.European UnionCorporate/Commercial LawArnold & Porter
ArticleTrends In European Public M&AEurope saw a major increase in public M&A activity in 2021, fueled by cheap money and optimism as economies started to emerge from the worst effects of the pandemic.European UnionCorporate/Commercial LawJones Day