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Article
Big Thoughts At The Antitrust Big Spring Meeting Week
Years ago when I was working in-house at General Motors, one of my bosses asked just what it was that I did at all those ABA Antitrust Section meetings I attended...
United StatesAntitrust/Competition Law
Bona Law PC
Article
Bid Rigging In The Construction Industry: The California Department Of Transportation And Michigan Asphalt Paving Cases
The DOJ describes bid rigging as an agreement among competitors as to who will submit the most competitive bid and who won't, i.e., who should win
United StatesAntitrust/Competition Law
Bona Law PC

When Loyalty Programs Become Antitrust Problems: DOJ’s Bayer Seed Investigation

The Department of Justice recently announced that Bayer CropScience voluntarily removed potentially anticompetitive provisions from its Premier Performance Program during an ongoing investigation. The program's tying arrangements and exclusivity incentives raised concerns about foreclosing competition in seed markets, highlighting critical antitrust risks that companies with loyalty programs should evaluate before facing enforcement scrutiny.

United StatesAntitrust/Competition Law

The FTC Keeps Digging Its Own Grave: Microsoft-Activision Merger Deal Can Move Ahead Says Federal Judge In California

This week a federal judge in California denied a preliminary injunction to block Microsoft's $68.7 billion merger with Activision Blizzard Inc. Both parties may now move ahead and close the deal...

United StatesAntitrust/Competition Law

Antitrust For Kids: Tricks, Treats And Tying: A Halloween Antitrust Tale

Mr. Potter grows the best pumpkins in town. They're big and round, perfect for carving, and specially treated with a patented spray that keeps Potter pumpkins squirrel-free for weeks. Genius!

United StatesAntitrust/Competition Law

Unpacking Antitrust: Can My Business Opt Out Of An Antitrust Purchaser Class Action?

The Short Answer: Yes. A class action is a procedural device that allows groups of similarly situated plaintiffs to sue together for efficiency reasons.

United StatesAntitrust/Competition Law

Agencies Issue New Draft Merger Guidelines And Create More Classic Antitrust Cases

On July 19, 2023, the FTC and DOJ Antitrust Division issued the draft of their long-anticipated Merger Guidelines. Like prior iterations, these Guidelines...

United StatesCorporate/Commercial Law

Update: Is It Time For Antitrust Lawyers And Private Equity Clients To Pay Attention To Interlocking Directorates And Section 8 Of The Clayton Act? The Answer Is Still Yes

Section 8 of the Clayton Act prohibits certain interlocking directorates between competing corporations.

United StatesAntitrust/Competition Law

Can States Grant Federal Antitrust Immunity? Part 1: Why California's New Gig-Driver Law Won't Survive Parker

In press statements, supporters called the measure a victory for "dignity and fairness" and proof that government can "deliver" where federal leaders cannot.

United StatesAntitrust/Competition Law

How To Run The Antitrust HSR Process When Your CEO Is Impatient

Preparing Hart-Scott-Rodino antitrust filings requires coordination across multiple departments and advance preparation of standard information.

United StatesAntitrust/Competition Law

Unpacking Antitrust: What Do Most-Favored-Nations Contract Clauses (MFNs) Have To Do With Antitrust?

The Short(ish) Answer: An MFN requires Party A to offer Party B the best deal—or at least the same deal—that Party A offers to Party B's competitors.

United StatesAntitrust/Competition Law

Altria Group/JUUL Labs: An Antitrust Violation For Antitrust Clearance Strategy And Transaction Non-Competes?

The FTC's challenge of Altria Group's proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press.

United StatesAntitrust/Competition Law

Bid-Rigging Is A Per Se Violation Of The Antitrust Laws

You can buy and sell products or services in many different ways in a particular market.

United StatesAntitrust/Competition Law

"It's Complicated": A Review Of Barry Hawk's Monopoly In America

Most antitrust practitioners, even members of the general public, have a good intuitive sense of what Sherman Act Section 1 is aimed at. Whether you follow the common law's ancient...

United StatesAntitrust/Competition Law

Dividing Markets And Customers: Are Market Allocation Agreements Per Se Antitrust Violations?

Have you ever considered the idea that your business would be much more profitable if you didn't have to compete so hard with that pesky competitor or group of competitors?

United StatesAntitrust/Competition Law

Algorithmic Pricing: First Appellate Decision, Settlement, And New Legislation (Part 2)

The first part of this article discussed the Dai v. SAS Inst. Inc case, where plaintiffs alleged the inference of a horizontal agreement by the group of Hotel Operators using IDeaS's software.

United StatesAntitrust/Competition Law

Seven Lesser-Known Antitrust Exemptions And Immunities

Beyond well-known antitrust exemptions like state-action immunity and the baseball exemption, Congress has carved out numerous lesser-known immunities for specific industries and activities.

United StatesAntitrust/Competition Law

Lessons From The FTC's Settlement Of The Amgen/Horizon Merger Challenge

In case you missed it on the eve of a holiday weekend, the FTC and several states settled their challenge of Amgen's acquisition of Horizon last Friday.

United StatesAntitrust/Competition Law

The Colgate Doctrine And Other Alternatives To Resale-Price-Maintenance Agreements

As an antitrust boutique law firm, we receive a varied assortment of antitrust-related questions. One of the most common topics involves resale-price maintenance.

United StatesAntitrust/Competition Law

Antitrust HSR Update: What The 55 Comments Tell Us About The Next Form

The FTC and DOJ's request for information on HSR premerger notification forms closed with 55 comments revealing a sharp divide between state enforcers seeking expanded reporting requirements and practitioners advocating for streamlined, cost-effective disclosures. Will the agencies restore the vacated 2025 form's burdensome requirements, or will they heed the merger bar's call to treat the 46-year-old form as the proper baseline?

United StatesAntitrust/Competition Law

Showing 81–100 of 140 results

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