By Lindsey Olson Collins on Posted in White Collar
If you thought there would be no news coming out of President Biden’s Department of Justice, since his pick for Attorney General has yet to be confirmed, you would be wrong. Just over a week after Biden’s inauguration, the Acting Attorney General, Monty Wilkinson, issued interim guidance that is likely to have a major impact … Continue Reading
In response to the current pandemic, antitrust enforcers at the Department of Justice have been issuing business review letters at record pace. One of these business review letters addressed an inquiry from the pork industry about reducing supply based on the COVID pandemic disruption. This raises the question as to whether the DOJ letter about antitrust … Continue Reading
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global enforcers are also focusing on the role competition laws play as industries – both essential and hard-hit – grapple with the new environment.… Continue Reading
In February 2020, at the 13th International Cartel Workshop, Deputy Assistant Attorney General (DAAG) Powers provided some insight as to the DOJ’s current views about the Antitrust Division’s Leniency Program. The headline: no major changes; but there are a few interesting takeaways, which we offer below.… Continue Reading
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action under the Trump Administration. The DOJ’s pursuit of the matter reflects the Department’s continuing scrutiny of employment and hiring agreements between … Continue Reading
The D.C. Circuit recently blocked a proposed merger between two of the nation’s three largest health care insurers – Anthem and Cigna, raising doubts about the viability of the efficiencies defense in merger cases despite such a defense having been explicitly recognized in the 2010 FTC and DOJ Horizontal Merger Guidelines. Click here to read … Continue Reading
President Andrew Jackson is reported (likely inaccurately) to have flaunted a Supreme Court decision by retorting, “John Marshall has made his decision; now let him enforce it!” Any litigant who has been on the receiving end of an unwanted court order may find this sentiment a familiar one. As a federal judge in Arizona recently … Continue Reading
On August 12, 2016, the Federal Trade Commission and the Department of Justice proposed changes to the Antitrust Guidelines for the Licensing of Intellectual Property, also known as the IP Licensing Guidelines. Since they were first issued in 1995, the agencies, courts, and businesses have relied on these Guidelines when considering or reviewing licensing practices. Therefore, … Continue Reading
Can Spanish-language media content constitute a proper antitrust product submarket for purposes of a Sherman Act claim? A federal district court in Houston appears to be the first to address the issue and has signaled that, at least at the motion to dismiss stage, the answer may be sí, se puede. With 13.1% of U.S. … Continue Reading
This month, a federal judge dismissed Twitter’s lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the government’s decision to classify such requests. The case, Twitter, Inc. v. Lynch, began in 2014 after the U.S. Department of Justice (DOJ) prohibited Twitter … Continue Reading
A pair of recent cases pitted the U.S. Department of Justice (DOJ) against Apple, Inc. (Apple) in a Herculean struggle between asserted interests in national security and privacy. In both cases, the DOJ relied on the same statute – the All Writs Act of 1789 – which operates to fill the gaps of “federal judicial … Continue Reading
Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law’s annual Spring Meeting. The Spring Meeting provides a look at the year that was and predictions for the year to come. Proskauer was again on the scene to provide the key learnings and takeaways … Continue Reading
Enforcement actions for violations of the Hart-Scott-Rodino Act (HSR) often are announced with substantial money penalties or other restrictions agreed in advance between the agency and the parties. Not so with the Department of Justice’s complaint filed April 4 against ValueAct Capital and its affiliated investment funds. ValueAct has said that it will vigorously defend … Continue Reading
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