Events & Publications
- Jan 13, 2021
- Publications
The Antitrust Division of the U.S. Department of Justice has announced the first criminal indictments for “no-poach” and wage-fixing agreements. These indictments follow a change in policy announced by the DOJ several years ago to…
- Jan 08, 2021
- Publications
While President-elect Joe Biden has not yet named the officials who will oversee antitrust enforcement in his administration, the departure of Trump Administration political appointees may impact the trajectory and pace of the…
- Dec 03, 2020
- Publications
Paul, Weiss litigation partner Andrew Finch and Mastercard Senior Managing Counsel Peter Bernstein co-authored an article, “Effective Risk Assessments in the Evolving Antitrust Compliance Landscape,” in the December 2020 issue of…
On November 17, Paul, Weiss hosted a webinar, “Transition to a Biden Administration: Strategies and Insights,” that offered insights into the likely policy, legislative and regulatory priorities of the new administration.
- Nov 18, 2020
- Publications
China’s competition regulator, the State Administration for Market Regulation (“SAMR”), issued a consultation draft of the Anti-Monopoly Guidelines on the Sector of Platform Economies (the “Draft Guidelines”) on November 10, 2020.…
- Nov 05, 2020
- Publications
Litigation partners Rick Rule and Andy Forman and counsel Dan Howley contributed the “Structural Remedies” chapter for the “Merger Remedies Guide – Third Edition,” published by Global Competition Review.
- Nov 05, 2020
- Publications
Several recent decisions on class certification have delved into the role that both representative evidence and uninjured class members play in determining whether predominance has been satisfied within the broader certification…
- Oct 12, 2020
- Publications
On October 1, the Antitrust Division of the U.S. Department of Justice issued a business review letter finding that a proposal of the International Swaps and Derivatives Association (ISDA) relating to amendments to ISDA’s model…
Litigation partner and Antitrust Group Co-Chair Andrew Finch will participate in a virtual panel, “Competition and Collaboration: Examining Competitive Effects and Antitrust Risks Associated with Collaborations,” as part of a virtual…
- Sep 03, 2020
- Publications
Today the Antitrust Division of the U.S. Department of Justice published an updated Merger Remedies Manual, which recognizes that “in some cases a private equity purchaser may be [a] preferred” purchaser of divestiture assets.” The…
Meredith Dearborn and Jessica Phillips, two talented trial lawyers, are joining the firm as partners in the Litigation Department.
- Jul 20, 2020
- Publications
New York legislators introduced a bill, S. 8700-A, that would expand the reach of New York’s antitrust law and may create greater liability exposure for corporations doing business in the state. The bill redefines the nature of…
- Jul 20, 2020
- Publications
On July 9, the Supreme Court granted review in AMG Capital v. Federal Trade Commission and Federal Trade Commission v. Credit Bureau Center to decide whether a federal court can award monetary relief in the form of restitution in an…
- Jun 30, 2020
- Publications
On June 30, the DOJ and Federal Trade Commission issued final vertical merger guidelines that provide executives, dealmakers and their advisors with important insight into how the federal agencies are likely to evaluate a deal with…
- Jun 24, 2020
- Publications
On June 22, the DOJ’s Antitrust Division and the SEC announced that they have signed a memorandum of understanding to enhance cooperation between the two agencies. Beyond continuing cooperation in rulemaking, investigations and…
Bill Isaacson and Karen Dunn have joined the firm as partners in the Litigation Department, resident in the Washington, D.C. office. Both are nationally recognized trial lawyers who have tried and won numerous high-stakes cases for…
- May 28, 2020
- Publications
In this installment of our client alerts focused on class certification decisions, we discuss three recent cases which illustrate an issue percolating in district courts across the country regarding personal jurisdiction in nationwide …
- May 26, 2020
- Publications
Antitrust Practice co-chair Andrew Finch is featured in an interview in the American Bar Association’s Spring 2020 Compliance & Ethics Spotlight newsletter, “Bringing Life to the DOJ Guidelines on Evaluation of Corporate…
- May 01, 2020
- Publications
The Department of Justice (DOJ) announced that a Florida oncology group has agreed to pay a criminal penalty of $100 million, which is the statutory maximum amount, to resolve a charge that it conspired with a competing group to enter …
- Apr 17, 2020
- Publications
A new DOJ-FTC joint antitrust statement regarding COVID-19 and competition in labor markets issued April 13 is an important reminder that anticompetitive labor practices may lead to civil or even criminal liability in certain…
- Apr 07, 2020
- Publications
The DOJ issued a business review letter pursuant to the recently announced expedited procedures for reviewing collaborations between businesses working to advance health and safety during the COVID-19 pandemic.
- Mar 27, 2020
- Publications
U.S. antitrust agencies are now resuming the practice of granting early terminations of HSR waiting periods in merger reviews. As we discussed in our memorandum last week, the FTC and DOJ temporarily suspended the practice while the…
- Mar 26, 2020
- Publications
On March 24, the FTC’s Bureau of Competition and the DOJ’s Antitrust Division issued a Joint Statement providing guidance and expedited procedures for reviewing collaborations between businesses working to advance health and safety…
- Mar 19, 2020
- Publications
February was a particularly active month for the Federal Trade Commission, which sued to block three mergers and settled a matter involving issues of market allocation and board interlocks. The Department of Justice also had an active …
- Mar 18, 2020
- Publications
U.S. and E.U. competition agencies have announced temporary changes in their merger review procedures as a result of the COVID-19 pandemic. Significantly, the U.S. antitrust agencies will not grant any requests for early termination.…
- Mar 10, 2020
- Publications
Attorneys general in California, New York and Washington have announced they will take action against “price gouging,” while the Antitrust Division said it will watch for collusive practices in the sale of critical public health…
- Feb 12, 2020
- Publications
The year began with several notable developments. As we discussed in recent Client Memoranda, the Department of Justice (DOJ) and Federal Trade Commission (FTC) issued draft vertical merger guidelines, and the FTC announced new…
- Feb 03, 2020
- Publications
Today, the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) issued a statement describing their efforts to “work together to promote competitive markets for biological products.”
- Jan 29, 2020
- Publications
The Federal Trade Commission (the “FTC”) has revised the jurisdictional and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) and the Premerger Notification Rules (the “Rules”), based on …
Litigation counsel Dan Howley will participate in a live webcast produced by The Knowledge Group.
Antitrust partner Andrew Finch will participate in a panel at the annual meeting of the New York State Bar Association Antitrust Section.
- Jan 13, 2020
- Publications
Late Friday, the Department of Justice (DOJ) and Federal Trade Commission (FTC) issued draft vertical merger guidelines for public comment. The guidelines provide important insight for business people and their advisors into how the…
Litigation partner and Co-chair of the Antitrust Group Andrew Finch will participate in a panel, “Antitrust: Recent trends in antitrust and IP enforcement,” at the Global Competition Review Annual Antitrust Law Leaders Forum.
- Jan 07, 2020
- Publications
The U.S. federal antitrust enforcement agencies had an active month in December.
- Dec 30, 2019
- Publications
In a new joint policy statement, the DOJ, USPTO and the National Institute of Standards and Technology (NIST) set forth the view that a patent holder’s commitment to offer a fair, reasonable and non-discriminatory license for a…
- Dec 23, 2019
- Publications
In November, there were several significant developments at the U.S. federal antitrust enforcement agencies.
- Dec 13, 2019
- Publications
Litigation partners Rick Rule and Andy Forman and counsel Dan Howley contributed the “Structural Remedies” chapter for the “Merger Remedies Guide – Second Edition,” published by Global Competition Review.
- Dec 05, 2019
- Publications
Litigation partner Andrew Finch was featured in a Q&A in Law360.
- Dec 05, 2019
- Publications
A recent DOJ business review letter is an important reminder that members of standard-setting organizations (SSOs) should be vigilant in ensuring that their SSOs do not engage in anticompetitive behavior.
- Nov 25, 2019
- Publications
In October, a court in New York dismissed claims in an antitrust suit involving patent settlement agreements and a court in Northern California denied a motion to certify a damages class in a suit alleging unlawful tying of hospital…
Litigation partner Andrew Finch will speak on a panel, “Antitrust in the Modern Economy,” at the Benjamin N. Cardozo School of Law.
- Nov 05, 2019
- Publications
U.S. Department of Justice announced that it and several other federal agencies are forming a “Procurement Collusion Strike Force” to investigate and prosecute collusion, including bid rigging, among companies and individuals involved …
Litigation partners Andrew Finch and Nicholas Groombridge participated in the 63rd Annual Intellectual Property Law Conference.
Litigation partner Andrew Forman will discuss emerging antitrust issues in the pharmaceuticals and life sciences sectors in a live webcast panel produced by The Knowledge Group.
Litigation partner Craig Benson will participate in a live webcast produced by The Knowledge Group.
- Oct 22, 2019
- Publications
September was another active month in antitrust enforcement and litigation.
- Sep 27, 2019
- Publications
In this installment of our client alerts focused on class certification decisions, we discuss recent cases evaluating the impact on class certification of economic models that sweep in uninjured class members.
Litigation partner Andrew Finch will speak on a panel at the American Bar Association’s annual Business Law Section meeting.
Litigation partner William Michael will speak on a panel, “Economic and Legal Issues in Indirect Purchaser Class Actions,” at Fordham University School of Law’s Antitrust Economics Workshop.
Andrew Finch has returned to the firm as Co-Chair of the Antitrust Practice Group.
- Sep 06, 2019
- Publications
In August, there were several developments in private litigation cases, including notable decisions at both the district and circuit court levels denying class certification because of the presence of uninjured class members.
- Sep 04, 2019
- Publications
Today, the Antitrust Division of the United States Department of Justice (DOJ) announced that it has agreed with the parties to a proposed acquisition to use binding arbitration “to resolve the dispositive issue” of product market…
- Aug 23, 2019
- Publications
On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight Fuel Surcharge Antitrust Litigation.
- Aug 16, 2019
- Publications
Litigation partners Rick Rule and Andrew Forman contributed the “USA” chapter in The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2019, published by the Global Legal Group Ltd., London.
- Aug 19, 2019
- Publications
In July, the Antitrust Division of the Department of Justice (DOJ) announced a significant change in how it will treat corporate antitrust compliance programs.
Litigation partner Bill Michael will take part in a live webcast produced by The Knowledge Group.
- Aug 01, 2019
- Publications
In our first in a series of occasional alerts on updates on class certification decisions, we present two recent court decisions of potential interest.
- Jul 15, 2019
- Publications
On July 11, Assistant Attorney General for the Antitrust Division Makan Delrahim made a significant and important announcement regarding a change to the Division’s criminal antitrust prosecutorial policy: unlike in the past, corporate …
- Jul 12, 2019
- Publications
In June, the United States Department of Justice (DOJ) and the European Commission (EC) both announced fines for violations of the agencies’ respective merger reporting-and-waiting requirements for transactions which resulted in Canon …
- Jun 18, 2019
- Publications
In May, the United States Supreme Court handed down its decision in Apple v. Pepper, holding that the Court’s 1977 decision in the Illinois Brick case did not bar app purchasers from suing Apple because, according to the Court, app…
- Jun 05, 2019
- Publications
Litigation partners Aidan Synnott and Bill Michael wrote the “United States” chapter in the 11th edition of The Public Competition Enforcement Review.
- May 15, 2019
- Publications
In a recent speech, Makan Delrahim, Assistant Attorney General for the Antitrust Division of the United States Department of Justice, discussed the Division’s ongoing evaluation of whether and how corporate antitrust compliance…
- May 09, 2019
- Publications
In April, the multi-venue merger litigation between the Federal Trade Commission (FTC) and paint pigment suppliers Tronox Limited and Cristal moved toward a resolution: the deal parties agreed with the FTC to divest pigment…
- Apr 08, 2019
- Publications
In March, there were several developments in private antitrust litigation, including several notable cases in which defendants succeeded in winning dismissal.
Litigation partner Craig Benson will take part in a live webcast produced by The Knowledge Group, “2019 Antitrust Trends, Developments and Legal Issues: Everything You Need to Know.”
- Mar 11, 2019
- Publications
In February, the much-anticipated decision in the AT&T-Time Warner merger appeal was handed down. The appeals court found that the district court did not err in denying the Department of Justice’s (DOJ) request to enjoin the…
Litigation partner Joseph Bial will take part in a live webcast, “The Cartel Immunity and Leniency Program: What You Need to Know,” discussing fundamentals of the program and recent trends and issues related to cartel immunity and…
- Mar 04, 2019
- Publications
The Federal Trade Commission (the “FTC”) has revised the jurisdictional and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) and the Premerger Notification Rules (the “Rules”), based on …
- Feb 28, 2019
- Publications
On February 26, 2019, the United States Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Justice (DOJ) failed to show that the district court clearly erred in denying the government’s request for…
- Feb 07, 2019
- Publications
In January, there was a notable scarcity of news from the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) because of the U.S. federal government’s lapse in appropriations.
- Oct 25, 2018
- Publications
Litigation partners Rick Rule and Joe Bial co-authored the “USA” chapter in the 2019 edition of The International Comparative Legal Guide to Cartels & Leniency, published by the Global Legal Group Ltd.
- Jan 14, 2019
- Publications
In our December Antitrust Month in Review, we discuss, among other things: the impact of the federal government shutdown on the work of the FTC and the Antitrust Division of the DOJ and more.
- Dec 12, 2018
- Publications
In November, the Antitrust Division of the Department of Justice (DOJ) published its previously announced model voluntary request letter and model timing agreement to be used in connection with merger investigations it conducts. The…
- Dec 05, 2018
- Publications
The Department of Justice announced last week significant changes to its policies for granting corporations credit for cooperating with criminal investigations.
Litigation partners Rick Rule and Joseph Bial, together with lawyers from Slaughter and May, will present a seminar on “M&A in the Age of Protectionism: Antitrust and Foreign Investment Developments.”
Litigation partner Joseph Bial is a panelist at the Fourth Annual Conference on Technology and Antitrust.
- Nov 12, 2018
- Publications
This past month, U.S. federal antitrust agencies required divestiture remedies in several deals before allowing them to proceed without an enforcement challenge. Remedies generally involved the divestiture of standalone business…
- Oct 22, 2018
- Publications
Craig Benson, Joseph Bial, Andrew Forman, Ken Gallo, William Michael, Rick Rule and Aidan Synnott co-authored an article, "Takeaways From Senate Antitrust Enforcement Hearing," that appeared in the Expert Analysis section of Law360.
Litigation partner Rick Rule will speak at The Brazilian Institute of Studies on Competition, Consumer Affairs and International Trade’s (IBRAC) 24th Annual International Seminar on Competition Law, which takes place from October 24…
- Oct 10, 2018
- Publications
On October 3, 2018, Federal Trade Commission Chairman Joseph J. Simons and Assistant Attorney General in charge of the Department of Justice Antitrust Division Makan Delrahim testified at an antitrust enforcement oversight hearing…
- Sep 26, 2018
- Publications
In a speech delivered on September 25, 2018 at the 2018 Global Antitrust Enforcement Symposium at Georgetown University, Assistant Attorney General Makan Delrahim announced that the Department of Justice (DOJ) Antitrust Division “will …
Litigation partner Craig Benson will participate in The Knowledge Group's webcast, "Anti-Competitive Agreements in 2018: The Evolving Regulatory Landscape Explored."
- Sep 24, 2018
- Publications
On September 13, 2018 the Federal Trade Commission (“FTC”) opened a series of hearings on Competition and Consumer Protection with a full day of panel discussions held at Georgetown University Law Center.
- Aug 09, 2018
- Publications
Litigation partners Rick Rule and Andrew Forman co-authored the “USA” chapter in The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2018, published by the Global Legal Group Ltd., London.
- Jul 02, 2018
- Publications
The United States Federal Trade Commission recently announced that it will hold a series of wide-ranging public hearings on a number of important competition- and consumer protection-related topics.
Litigation partner Rick Rule spoke on a panel at The Antitrust Paradox Conference on June 22.
- Jun 15, 2018
- Publications
The Supreme Court recently reversed a Second Circuit dismissal of a $147 million antitrust judgment against a Chinese vitamin C producer that was based on China’s interpretation of its own laws. The Second Circuit had held in In re…
On May 1, former Paul, Weiss partner and co-chair of the Antitrust Group Joseph Simons (Litigation, 2003 – 2018) was sworn in as chairman of the Federal Trade Commission, after being confirmed by the U.S. Senate on April 26.
- May 04, 2018
- Publications
Less than a week after the U.S. Senate voted to approve a full slate of new commissioners to the Federal Trade Commission (FTC), four of those appointees were sworn in to their new positions.
Litigation partner Craig Benson will participate in The Knowledge Group’s webcast, “Antitrust Laws in the United States: Framework, Trends and Regulatory Issues.”
- Jan 30, 2018
- Publications
The Federal Trade Commission (“FTC”) has revised the jurisdictional and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Litigation counsel Daniel Levi will participate in a conference focusing on class action litigation presented by the Mexican Bar Association.
Litigation partner Rick Rule will speak on a panel, “Enforcement Priorities for the Year Ahead,” at the Competition Counsel Day conference hosted by Slaughter and May.
- Nov 08, 2017
- Publications
Litigation partners Rick Rule and Joe Bial co-authored the “USA” chapter in the 2018 edition of The International Comparative Legal Guide to Cartels & Leniency, published by the Global Legal Group Ltd.
Corporate partner Ross Fieldston will speak on the topic of M&A in regulated industries at the Business-Government Relations Council’s 2017 Annual Meeting.
- Aug 10, 2017
- Publications
In what is believed to be the first prosecution of an antitrust conspiracy furthered through the use of encrypted messaging services, the Antitrust Division recently announced that an e-commerce company and its president agreed to…
- Jun 29, 2017
- Publications
Litigation partners Aidan Synnott and Bill Michael have co-authored the "United States" chapter in the ninth edition of The Public Competition Enforcement Review.
- Jun 20, 2017
- Publications
Litigation partners Rick Rule and Andrew Forman co-authored the “USA” chapter in The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2017, published by the Global Legal Group Ltd., London.
- Mar 20, 2017
- Publications
The U.S. Court of Appeals for the Tenth Circuit recently affirmed the dismissal of claims by a medical products distributor that two competitors violated antitrust laws by using tying and bundling contracts. The Court’s opinion in…
Litigation partner Rick Rule will speak at the Institute for Energy Law’s Mergers, Acquisitions & Divestitures conference.
Litigation partner Craig Benson will take part in a live webcast produced by The Knowledge Group.
- Mar 06, 2017
- Publications
In a Q&A for Global Competition Review (GCR), litigation partner Andrew Forman touches on his time at the Federal Trade Commission’s Bureau of Competition; his experience in private practice; the most important issues in antitrust …
- Feb 17, 2017
- Publications
On February 3, 2017, the Federal Trade Commission released a
report on an internal staff study examining the success of the
Commission's merger remedies from 2006 to 2012.
Litigation partner Rick Rule will speak at the Global
Competition Review Live's sixth annual Antitrust Law Leaders
Forum.
- Jan 26, 2017
- Publications
The Federal Trade Commission has revised upwards the jurisdictional and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act and the Premerger Notification Rules. The new minimum size of transaction threshold will …
- Nov 15, 2016
- Publications
Litigation partners Rick Rule and Joseph Bial co-authored the
"USA" chapter in the 2017 edition of The International
Comparative Legal Guide to Cartels & Leniency, published
by the Global Legal Group Ltd., London.
- Nov 10, 2016
- Publications
The DOJ's Antitrust Division and the FTC recently published the
agencies' first official guidance on antitrust issues in hiring and
employment practices. The White House Council of
Economic Advisors recently also…
Litigation partner Craig Benson will take part in a live webcast
produced by The Knowledge Group.
- Sep 22, 2016
- Publications
On September 20, 2016, the Second Circuit reversed a $147
million antitrust judgment against two Chinese companies on
international comity grounds in the long-running In re Vitamin
C Antitrust Litigation in the Eastern District…
- Aug 29, 2016
- Publications
On August 26, 2016, the Federal Trade Commission ("FTC")
approved several final amendments to the Hart-Scott-Rodino
Premerger Notification Rules ("HSR Rules"), the most notable of
which permits the submission of HSR Notification…
- Aug 04, 2016
- Publications
Antitrust partners Aidan Synnott and Andrew C. Finch have
authored a chapter surveying recent developments in
antitrust-related enforcement actions of the United States
Department of Justice and Federal Trade Commission.
- Jul 19, 2016
- Publications
On July 14, 2016, the United States Department of Justice
announced that it had concerns that a transaction involving two
foreign electronic trading platforms would have, as originally
structured, violated Section 8 of the…
- Jun 22, 2016
- Publications
Litigation partners Aidan Synnott and Andrew Finch have
co-authored the "United States" chapter in the recently published
eighth edition of The Public Competition Enforcement
Review.
- May 20, 2016
- Publications
On May 10, 2016, the United States District Court for the District of Columbia ruled that the Federal Trade Commission successfully established a prima facie case that the proposed merger of Staples and Office Depot was "likely to…
- Mar 22, 2016
- Publications
In Concord Associates, L.P., et
al. v. Entertainment Properties Trust, et al., No.
13-3933-cv (2d Cir. 2016), the United States Court of Appeals for
the Second Circuit affirmed the dismissal of a complaint asserting
claims under …
- Jan 26, 2016
- Publications
The Federal Trade Commission (the "FTC") has revised the jurisdictional and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act") and the Premerger Notification Rules (the "Rules").
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