In a commentary article for Bloomberg Law, Henry Hauser highlights how proving a concerted effort for anticompetitive behavior will become more difficult and challenging as AI-powered algorithms saturate businesses' supply chains.

Watershed technological developments can offer new entrants the opportunity to challenge market leaders. These rare paradigm shifts redefine how companies compete for customers and resources.

Henry Hauser, Nathanael Andrews, and Shylah Alfonso wrote an article published in TechCrunch titled "The FTC is setting its sights on generative AI," regarding what businesses should understand about antitrust risk when competing in markets affecting generative AI.

Henry Hauser, Marisa Ball and Nathanael Andrews wrote an article published in Law360 regarding the U.S. Senate Homeland Security and Governmental Affairs Committee's questioning of the PGA Tour Inc. senior leadership on their proposed deal with LIV Golf Inc., and the key antitrust issues arising from the Senate session and dossier.   

The Federal Trade Commission issued a policy statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct voluntary interviews with market participants.

In a commentary article for The Wall Street Journal, Chris Williams and Henry Hauser highlight a proposed overhaul of the Federal Trade Commission and Department of Justice’s merger review process that would significantly increase the time and costs for businesses to prepare a merger filing and address its potential impact on new investments and transactions.

Across every industry, companies are leveraging machine learning to derive valuable insights without extensive employee involvement. These groundbreaking capabilities are creating an upheaval in how companies engage with competitors and consumers.

On April 29, 2023, the U.S. Department of Justice, Antitrust Division, suffered another defeat in its ongoing efforts to criminally prosecute conduct affecting workers’ compensation and job mobility.

Late last month, the U.S. Department of Justice, Antitrust Division, suffered another defeat in its ongoing efforts to criminally prosecute conduct affecting workers' compensation and job mobility.

The U.S. Supreme Court ruled in two related cases that federal district courts have jurisdiction to hear structural constitutional challenges to the adjudicative authority of the Federal Trade Commission and the U.S. Securities and Exchange Commission, and that litigants need not wait until the appeal of an adverse agency decision in the adjudication to raise such arguments in court.

Federal and state enforcers highlighted an ambitious agenda at the 2023 ABA Antitrust Spring Meeting. From criminal no-solicitation, no-poach, wage-fixing, and monopolization cases to a more aggressive merger strategy, this Update discusses 10 takeaways that companies should have on their radars.

Top federal agency leaders previewed plans for broader antitrust enforcement at the 2023 ABA Antitrust Spring Meeting.

At the American Bar Association's 2023 Antitrust Spring Meeting, held in March in Washington, D.C., representatives of the U.S. Department of Justice Antitrust Division and Federal Trade Commission confirmed their agenda to reinvigorate and modernize antitrust merger enforcement.

The American Bar Association's 2023 Antitrust Spring Meeting, held in Washington, D.C., placed heavy emphasis on employees, contractors, and talent. Government officials, judges, academics, and the private bar debated cutting-edge competition issues affecting workers and labor markets, including criminal enforcement, amicus efforts, public engagement, and rulemaking. Prosecutors sent a clear message that they view no-solicitation, no-poach, and wage-fixing agreements as criminal violations, even in the face of several jury trial setbacks.

The American Bar Association's 2023 antitrust spring meeting, held in Washington, D.C. in March, had a heavy emphasis on upstream markets affecting employees and talent.

This guide offers counsel a roadmap for handling various issues that may arise during the representation of a corporate or individual defendant during a grand jury investigation.

The U.S. Department of Justice, Antitrust Division, recently withdrew three sets of healthcare policy guidelines. This Update discusses the DOJ's decision and its implications for the industry.

The emergence of blockchain technology has heralded significant advances across an array of industries, from financial services to consumer goods. But there are two sides to every Bitcoin. This Update analyzes both the potential antitrust pitfalls and competitive opportunities associated with blockchain.

The new Consolidated Appropriations Act, 2023 includes the Merger Filing Fee Modernization Act of 2022, which amends the amounts and tiers for Hart-Scott-Rodino Antitrust Improvements Act of 1976 filing fees as discussed in a prior Update. It also includes two important amendments to antitrust laws.

The FTC recently announced its annual adjustments to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and interlocking directorate thresholds. Notably, the minimum HSR size-of-transaction threshold has increased from $101 million to $111.4 million. There is a new filing fee schedule resulting from the enactment of the Merger Filing Fee Modernization Act of 2022, which will significantly increase filing fees for transactions valued in excess of $500 million and decrease them for transactions valued under $161.5 million. The new HSR jurisdictional and filing fee thresholds will be effective as of February 27, 2023, while the revised interlocking directorate thresholds are already in effect.

The Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement.

After briefly recounting the history of Ticketmaster and Live Nation and their respective lines of business, this Update analyzes the potential legal theories and remedies that antitrust enforcers could pursue against the entertainment conglomerate.

Pop superstar Taylor Swift's fan base — known as Swifties — seeking to score tickets to her highly anticipated Eras tour were outraged when Ticketmaster was unable to handle what it dubbed "unprecedented" demand earlier this month.

This Update analyzes three trends that make customized compliance programs more crucial than ever and provides guidance on how companies can begin to craft catered policies to fit their business needs.

The debate over antitrust reform is reaching a crescendo. Several proposals have been introduced in Congress and state legislatures to expand the scope of substantive antitrust rules governing marketplace behavior.

As schools across the country welcome students back for the 2022-23 academic year, several prestigious universities are grappling with a civil antitrust suit that could have major ramifications for how they allocate and award financial aid.

As schools across the country welcome students back for the 2022-23 academic year, several prestigious universities are grappling with a civil antitrust suit that could have major ramifications for how they allocate and award financial aid.

Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws, as evidenced by recent legal actions by the U.S. Department of Justice, including an $84.8 million settlement between the DOJ and three poultry processing plants.

In a rapid shake-up of the antitrust lawsuit filed against the PGA Tour Inc., professional golfers Carlos Ortiz, Abraham Ancer, Pat Perez, and Jason Kokrak have withdrawn from the case.

In a rapid shake-up of the antitrust lawsuit filed against the PGA Tour Inc., professional golfers Carlos Ortiz, Abraham Ancer, Pat Perez and Jason Kokrak have withdrawn from the case.

A group of 11 professional golfers launched an antitrust suit in the U.S. District Court for the Northern District of California against the PGA Tour, Inc.

The National Labor Relations Board and the Federal Trade Commission, on July 19, 2022, jointly issued a Memorandum of Understanding regarding information sharing, cross-agency training, and outreach of common regulatory interests.

The U.S. Department of Justice Procurement Collusion Strike Force secured a guilty plea on July 13, 2022, from a Texas military contractor for conspiring to rig bids on $17.5 million in government contracts.

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a rival McDonald’s outlet” must be evaluated under the full rule of reason.

A proposed healthcare acquisition was abandoned following the Federal Trade Commission’s unanimous vote to oppose the transaction.

The U.S. Federal Trade Commission voted 5-0 to issue a complaint and accept a proposed order for public comment regarding private equity fund JAB Consumer Partners SCA SICAR’s $1.1 billion acquisition of SAGE Veterinary Partners, LLC on June 13, 2022.

The Antitrust Division of the U.S. Department of Justice, the U.S. Patent and Trademark Office, and the National Institute of Standards and Technology announced the withdrawal of a 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.

The U.S. Department of Justice's Antitrust Division (Antitrust Division) touts its Leniency Program as "its most important investigative tool for detecting cartel activity." Through this program, corporations and individuals who "report their cartel activity and cooperate in the Division's investigation of the cartel reported can avoid criminal conviction, fines, and prison sentences if they meet the requirements of the program."

Consumer protection issues generated a lively discussion at the American Bar Association's 70th Antitrust Law Spring Meeting, held April 5-8 in Washington, as thousands of practitioners, enforcers, academics and jurists from around the world interacted in person for the first time since 2019.

The American Bar Association's 70th Antitrust Law Spring Meeting, held April 5-8 in Washington, provided a forum for lively debate among current and former antitrust agency officials concerning the progressive merger enforcement reforms implemented or proposed by the representatives of the U.S. Federal Trade Commission, led by Chair Lina Khan, and the U.S. Department of Justice Antitrust Division, led by Assistant Attorney General Jonathan Kanter.

There's a clear message out of the American Bar Association's Antitrust Law Spring Meeting, held April 5-8 in Washington: Practitioners should know that we are in a new era of antitrust enforcement and the Antitrust Division of the U.S. Department of Justice will be taking on tough cases such as those addressing criminal Section 2 enforcement and labor market practices.

The U.S. Department of Justice, Antitrust Division (Antitrust Division) announced several significant updates to its Leniency Policy on April 4, 2022.

Though there has been ample discussion and debate over how Executive Order 14036 will affect Big Tech, other key aspects of the executive order have received far less attention.

The U.S. Department of Justice Antitrust Division, on January 28, 2022, revealed the criminal prosecution of a conspiracy that allegedly suppressed wages and limited job mobility for essential healthcare workers.

On January 18, 2022, the U.S. Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division (the agencies) launched a joint public inquiry to modernize and strengthen merger enforcement.

On October 25, 2021, the U.S. Federal Trade Commission (FTC) released its “Statement on Use of Prior Approval Provisions in Merger Orders." The Statement announces two material changes in the agency’s merger enforcement program.

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege?

The U.S. Department of Justice (DOJ)  announced on June 7, 2021, that a North Carolina engineering firm agreed to pay a $7 million fine and $1.5 million in restitution after pleading guilty to engaging in bid rigging and fraud in order to obtain contracts for infrastructure projects.

On April 22, 2021, in a unanimous decision, the U.S. Supreme Court in AMG Capital Management v. FTC held that the authorization to seek a “permanent injunction” under Section 13(b) of the Federal Trade Commission Act does not permit the FTC to obtain equitable monetary relief such as restitution and disgorgement. While the FTC may still seek monetary relief under Sections 5 and 19 of the Act, those provisions can be more difficult for the FTC to pursue. FTC Acting Chairwoman Rebecca Kelly Slaughter is already calling on Congress to “strengthen the FTC’s powers” in light of the decision.

This year, the American Bar Association's 69th Antitrust Law Spring Meeting was held virtually due to the ongoing global health crisis.

U.S. antitrust enforcers highlighted their past efforts and future priorities at the American Bar Association's Antitrust Law Spring Meeting, held virtually on March 23-26.

The U.S. Federal Trade Commission (FTC) recently announced reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will decrease. 

Antitrust lawyers Jon Jacobs and Kevin Schock join host Markus Funk to discuss the fundamental legal principles applicable to no-poach and wage-fixing agreements, explore current government enforcement priorities related to these types of agreements, and evaluate examples of recent enforcement activity in the no-poach and wage-fixing space.

The Antitrust Division (Division) of the U.S. Department of Justice (DOJ) announced an update to its Civil Investigative Demand (CID) forms and its investigative deposition process on September 10.

Hundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.

The economic damage attendant to COVID-19 has already resulted in a substantial increase in bankruptcies.

We offer some key takeaways from three sessions from the ABA's virtual Antitrust Law Spring Meeting focused on consumer protection: an annual review of the consumer protection landscape, developments in consumer privacy, and insights into the Federal Trade Commission's enforcement activities and priorities.

This is the second of three updates on the American Bar Association's 68th Antitrust Law Spring Meeting. The meeting included sessions on merger enforcement that addressed a number of important issues. 

Over the last two weeks, the American Bar Association offered a virtual version of what would have been its 68th Antitrust Law Spring Meeting, presenting a select number of panels online. Several of the virtual sessions addressed the efforts of federal and state antitrust enforcement agencies.

Key takeaways from three sessions focused on consumer protection: an annual review of the consumer protection landscape, developments in consumer privacy, and insights into the Federal Trade Commission's enforcement activities and priorities.

The meeting included sessions on merger enforcement that addressed a number of important issues.

Over the last two weeks, the American Bar Association offered a virtual version of what would have been its 68th Antitrust Law Spring Meeting, presenting a select number of panels online.

Due to the developing coronavirus (COVID-19) pandemic, the Federal Trade Commission (FTC) has implemented a temporary e-filing system for the submission of filings under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 and suspended its program that allowed parties to request (and frequently be granted) early termination of the HSR waiting period.

Last Friday, the White House declared a national state of emergency amid concerns of the global spread of the coronavirus. Nearly every state and numerous cities have followed suit by issuing declarations triggering emergency measures and regulations on businesses.

 When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one factor.

The Federal Trade Commission (FTC) announced on January 28, 2020, the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will be increased.

The U.S. Department of Justice (DOJ) announced a new policy on July 11, 2019, designed to incentivize the development and implementation of corporate antitrust compliance programs. 

Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the FTC last week in its antitrust enforcement action against Qualcomm. 

This is the final article in a three-part series on the American Bar Association's 67th Antitrust Law spring meeting.

This is the second article in a three-part series on the American Bar Association's 67th Antitrust Law spring meeting.

The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions with representatives from those agencies.

From 2010 to 2015, the Antitrust Division of the U.S. Department of Justice filed criminal charges against more than 120 corporations and more than 350 individuals, and collected fines and penalties of more than $8 billion.

The U.S. Department of Justice (DOJ) and the Attorney General of North Carolina announced a settlement last week in their civil antitrust case against Atrium Health, the largest hospital system in the state of North Carolina.

U.S. consumers notice and are more likely to buy products that are marketed as Made in USA. President Donald J. Trump proclaimed in his inaugural address that we should “follow two simple rules: Buy American and Hire American.”

The Antitrust Division of the U.S. Department of Justice (DOJ) last week announced that it was seeking public comments on the continued viability of the Paramount Consent Decrees, which have regulated how motion pictures are distributed to theaters for the past 70 years.

Following a six-week trial, federal Judge Richard Leon of the U.S. District Court for the District of Columbia recently approved AT&T’s 85-billion-dollar acquisition of Time Warner Inc. 

In this update, we consider the decision and suggest that parties may face greater scrutiny when relying on the foreign compulsion defense or the international comity defense, which may make mounting such defenses more challenging.

Three Perkins Coie attorneys discuss a recent order from the Southern District of New York affirming the broad reach of U.S. antitrust law. The authors note that the decision raises several considerations relevant to international companies managing antitrust risk.

Perkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.

The Antitrust Division of the DOJ hosted a roundtable discussion on criminal antitrust compliance programs a few weeks ago, and the event underscored why it is critical for companies to adopt compliance programs that will detect any violations committed by their employees.

The American Bar Association’s 66th Antitrust Law Spring Meeting held earlier this month included many sessions on consumer protection.

The American Bar Association’s recent 2018 Antitrust Law Spring Meeting included many sessions and discussion on merger enforcement.

We offer some key takeaways from ABA's Antitrust Law Spring Meeting, including the impact of leadership changes at the federal agencies, recent enforcement activities and signals regarding future priorities.

The American Bar Association’s 66th Antitrust Law Spring Meeting, held last week, included many sessions on consumer protection. Some of the most interesting panels are discussed in the article.

The American Bar Association’s 66th Antitrust Law Spring Meeting, held last week, included many sessions on merger enforcement. Some of the most interesting panels are discussed here.

The American Bar Association’s 66th Antitrust Law Spring Meeting, held last week, included a number of sessions with representatives from federal and state antitrust enforcement agencies.

The Federal Trade Commission announced on February 12, 2018, that it has filed an administrative complaint seeking injunctive relief against three large dental supply companies, alleging that they violated the antitrust laws by conspiring to refuse to provide discounts, and sometimes refusing to serve, buying groups representing dental practitioners.

The Federal Trade Commission last week announced that the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976, will be increased.

The Hart-Scott-Rodino Annual Report Fiscal Year 2016 , published last year by the FTC and the DOJ, summarizes FTC and DOJ actions conducted under the HSR Act in fiscal year 2016, the period from October 1, 2015, through September 30, 2016. 

On October 12, 2017, President Donald J. Trump signed an executive order designed to promote choice and competition in healthcare markets. The order was reported as a first step in the administration’s effort to undermine the Affordable Care Act.

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions focused on consumer protection.

In our second installment covering the ABA's 65th Antitrust Law Spring Meeting, we provide some key takeaways from the sessions, specifically focusing on issues in mergers and acquisitions.

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies.

In an article in Law360, “Takeaways From The ABA Antitrust Spring Meeting: Part 3," focused on consumer protection from the annual ABA Antitrust Law 2017 Spring Meeting.

An article in Law360 by Barry J. Reingold, Thomas L. Boeder, Susan E. Foster, K. Shiek Pal and Catherine S. Simonsen, “Takeaways From The ABA Antitrust Spring Meeting: Part 2," address issues in mergers and acquisitions.

An article in Law360, “Takeaways From The ABA Antitrust Spring Meeting: Part 1,” discusses key points from the annual ABA Antitrust Law 2017 Spring Meeting, including leadership changes, past activities, and expected priorities under the new administration.

The U.S. Court of Appeals for the Ninth Circuit handed down its (by now) hotly discussed decision in Briseno v. ConAgra Foods, Inc., 844 F.3d 1121 (9th Cir. 2017), on January 3, 2017, holding there is no separate “administrative feasibility” requirement for class action certification under Federal Rule of Civil Procedure 23.

In 1995, the U.S. Department of Justice and the Federal Trade Commission published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing and other activities under the antitrust laws.

The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois.

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014.

As President-elect Donald Trump prepares to take the helm of the executive branch of the federal government, many are asking how he will approach antitrust regulation. Conventional wisdom holds that Republicans are more amenable to mergers, even large ones, than Democrats.

The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016.

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., affirmed the summary dismissal of a garden variety of antitrust claims brought by Aerotec.

The Antitrust Division of the U.S. Department of Justice is vigorously pursuing civil and criminal actions against individuals—and not simply the companies they run. 

This update was also published in China Business Review on 03.17.2017, "Antitrust Division Focuses Enforcement Efforts on Individuals Behind International Cartels."

The Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45.

The Hart-Scott-Rodino Annual Report Fiscal Year 2015, published by the Federal Trade Commission and the U.S. Department of Justice, summarizes FTC and DOJ actions conducted under the Hart-Scott-Rodino Antitrust Improvements Act in fiscal year 2015, which ended September 30, 2015.

Patent settlement agreements were traditionally deemed outside the purview of antitrust scrutiny unless the patent holder’s conduct fell outside the legitimate scope of the patent’s exclusionary power.

Perkins Coie and Upload surveyed more than 650 startup founders, executives with established technology companies and investors on the future of augmented and virtual reality.

The American Bar Association held its 64th annual Antitrust Law Spring Meeting April 5–8, 2016, in Washington, D.C.  Over 3,000 practitioners, enforcers, economists and academics from around the world came together to discuss and share views on the hottest antitrust topics of the day.

The Federal Trade Commission (FTC) filed a complaint in August 2015 against three affiliated activist hedge fund companies and Third Point LLC, their management company, for acquiring voting securities in Yahoo! Inc. without complying with the filing and waiting requirements of the Hart-Scott-Rodino Act (HSR Act).

The Antitrust Division of the U.S. Department of Justice recently announced its first criminal antitrust prosecution in e-commerce. David Topkins was charged on April 6, 2015, with price fixing in violation of Section 1 of the Sherman Antitrust Act in the online sale of decorative posters.

In a ruling with significant implications for state professional licensing boards and their members, on February 25, 2015, the United States Supreme Court found that practitioner-controlled state boards do not have inherent immunity from federal antitrust liability if they operate without active supervision by disinterested state actors. 

Qualcomm sells chipsets and licenses its related standard-essential patents for use in 3G- and 4G-enabled smartphones and tablets.  In late 2013, China’s National Development and Reform Commission (NDRC) began investigating Qualcomm’s patent licensing practices under China’s Anti-Monopoly Law (AML).

The Antitrust Review of the Americas 2014 - 2015

In the most significant patent antitrust decision in decades, Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 WL 2922122 (June 17, 2013), the Supreme Court has held, by a 5-3 vote with Justice Alito recused, that reverse payment patent settlements are subject to antitrust scrutiny.  Although the Court rejected the Federal Trade Commission’s request that it go further and deem such settlements presumptively anticompetitive, the Court’s decision resolves a circuit split under which most courts had held that a settlement was not subject to antitrust review so long as it fell within the legitimate scope of the patent’s exclusionary power.  Monday’s decision expressly rejects that “scope of the patent” rule.

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE).  First, Vermont filed suit against MPHJ Technology Investments, LLC, a PAE, alleging that the company violated the Vermont Consumer Protection Act, 9 V.S.A. §§ 2451 et seq.

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for licensing and trading intellectual property rights.

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims and significantly narrowed the scope of the Commodity and Exchange Act (CEA) claim.

On March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 569 U.S. ___, No. 11-864, 2013 WL 1222646 (Mar. 27, 2013).

The U.S. Supreme Court unanimously ruled in Standard Fire Insurance Co. v. Knowles, 568 U.S. __, No. 11-1450, 2013 WL 1104735 (Mar. 19, 2013), that plaintiffs attempting to bring a class action lawsuit cannot escape federal jurisdiction by agreeing to seek less than $5 million in damages.

In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital authorities’ proposed acquisition of a competing hospital.

Earlier today, in a case titled Sell v. Sewell, (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities Act (ASA).  Today’s ruling in Sell overturns the court’s ruling 34 years ago in State v. Superior Court, 599 P.2d 777 (Ariz. 1979), and continues the court’s strong policy of following the U.S. Supreme Court’s interpretations of analogous federal securities statutes.

On November 20, 2012, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, 2012 WL 5862779 (Fed. Cir. Nov. 20, 2012). They affirmed that direct purchasers of patented products have standing to pursue a Walker Process antitrust claim against the patent holder, even where the direct purchaser cannot be sued for patent infringement and otherwise lacks the ability to bring an action for declaratory judgment.

In the wake of the recent admissions by Barclays Bank PLC that its traders sought to manipulate the London Interbank Offered Rate ("LIBOR"), corporations and other investors are only now beginning to appreciate the magnitude of the scandal and to consider how it might impact their own investments.

International software piracy is a serious economic problem that distorts competition and costs the United States billions of dollars in lost jobs and wages.

The FTC and the Antitrust Division of the U.S. Department of Justice recently announced final amendments to the Hart-Scott-Rodino Premerger Notification Rules, the Premerger Notification and Report Form and associated Instructions in order to streamline the Form and capture new information that will help the Agencies conduct their initial review of a proposed transaction's competitive impact.

This update was republished as an article on Law360

In an extremely rare move, the Department of Justice’s Antitrust Division recently announced that it had entered into a non-prosecution agreement (“NPA”) with UBS AG (“UBS”) to resolve criminal antitrust charges.

Effective November 1, 2010, the U.S. Sentencing Commission has changed how fines for companies are calculated under the U.S. Sentencing Guidelines. The inquiry has now shifted away from the (mis)conduct of the company’s high-level personnel and toward the effectiveness of the company’s compliance and ethics program.

The OECD has criticized other signatory nations for not living up to their anti-bribery obligations, and in its just released report also identifies certain discrete areas for U.S. improvement. But the bottom line message is that the U.S. government is a leader in anti-corruption enforcement.

As of February 22, 2010, the reporting thresholds under Section 7 of the Clayton Act, known as the Hart Scott-Rodino Antitrust Improvements Act of 1976 (the Act), decreased.

On January 21, 2010, the U.S. Department of Justice (DOJ) filed in federal court in Washington, D.C. a complaint and consent decree requiring two merging companies (Smithfield Foods (Smithfield) and Premium Standard Farms LLC (Premium Standard)) to pay $900,000 in civil penalties for violations of the "file and wait" provisions of the Hart-Scott-Rodino Antitrust Improvements Act of 1976.

Last week, a federal court released a public version of its 93-page opinion providing its reasons for denying the Federal Trade Commission's challenge to Whole Foods Markets' acquisition of organic grocer Wild Oats.

On December 7, 2006, the U.S. Supreme Court granted certiorari in Leegin Creative Leather Products v. PSKS, Inc., a potential landmark case challenging the long-standing "Dr. Miles" doctrine condemning resale price maintenance and minimum vertical price fixing as per se violations of Section One of the Sherman Act.

The Federal Trade Commission recently announced that the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 will be increased, effective February 17, 2006. The Act requires all parties to mergers or acquisitions that meet or exceed the Act's jurisdictional thresholds to notify the FTC and the Antitrust Division of the Department of Justice and wait a designated period of time before consummating the merger or acquisition. The 2000 amendments to the Act require the FTC to revise the Act's jurisdictional and filing fee thresholds annually, based on the change in gross national product. Certain related thresholds and limitation values in the H-S-R rules will also be adjusted. The increased thresholds will apply to all transactions that close on or after February 17, 2006.

State and federal enforcers have ramped up enforcement against the use of "dark patterns." Dark Patterns are design features used to deceive, steer, or manipulate users into behavior that is profitable for online service but harmful to users or contrary to their intent.

U.S. legislation on bribery has global implications for businesses and functions as a deterrent against corrupt practices.

Jon Jacobs, a seasoned antitrust trial lawyer and DOJ alumnus, joins Christina Ma and Matt Harper to examine how Deferred Prosecution Agreements factor into the Antitrust Division’s criminal investigation and when Deferred Prosecution Agreements might be expected in the future.

Jon spoke on a podcast on Daily News titled "Gist Healthcare Daily" and helps break down some of the arguments in the Sutter Health antitrust case.  

Shylah Alfonso co-chaired the Seminar and moderated a panel discussion regarding criminal cartel enforcement.