Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a practical necessity – parties need not disclose certain confidential information in the public domain, and parsing
Antitrust Advocate
News, Developments and Practical Advice from Antitrust Leaders
Antitrust Advocate, published by Baker & Hostetler LLP, focuses on developments and analysis in antitrust law and competition policy. The blog covers topics such as merger reviews and challenges, enforcement actions by the Federal Trade Commission and Department of Justice, antitrust litigation including no-poach agreements and labor market issues, and regulatory changes affecting antitrust compliance. It also addresses international antitrust enforcement trends and legislative updates in jurisdictions like the UK, EU, and Canada. The blog provides insights into the intersection of antitrust law with technology markets, sports leagues, and environmental sustainability agreements.
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Antitrust, Appointments and Presidential Front-Runners: Part 1
Substantial and substantive issues of national importance are often obscured by the usual myopic and frenzied focus on political talking points, sensational sound bites and collateral name-calling. This is perhaps better exemplified in presidential elections than contests for other political…
Second Circuit Resurrects LIBOR Antitrust Case Against Bank Defendants, But Reprieve May Be Short-Lived
On May 23, 2016, the Second Circuit breathed new life into the class action case against 16 banks belonging to the British Bankers’ Association (the Banks), vacating the Southern District of New York’s dismissal of the case for lack of…
Is That a Carrot or a Stick in Your Hand? The Third Circuit Examines the Line Between Competition and Coercion in De Facto Exclusive Dealing Agreements
We recently wrote about attempts to force exclusivity onto customers. But firms with large or dominant market shares often must walk a fine line between properly offering customers percentage-based discounts and improperly coercing customers into de facto exclusivity. For example,…
Forcing Exclusivity on Your Customers May Not Be the Best Competitive Response
In the words of the director of the Federal Trade Commission’s (FTC’s) Bureau of Competition, the recent enforcement against Invibio, Inc., the first company to sell implant-grade polyetheretherketone, known as PEEK, to medical device makers, “affirms that the first company…
Scalia’s Antitrust Legacy: Part 2, The Dissenting Opinions
In March, we wrote about Justice Antonin Scalia’s three majority opinions in substantive antitrust cases. Notably, Scalia also authored three dissenting opinions in substantive antitrust cases, in rapid-fire succession in 1991, ’92 and ’93. In the majority opinions, Scalia seized…
Sounding the Alarm: White House Agency Warns of Decreasing Competition Across U.S. Economy
The Council of Economic Advisors, a White House agency charged with advising the president on economic policy, recently issued a report, Benefits of Competition and Indicators of Market Power, addressing the state of competition in the United States economy.…
There Was a Panel on What?? Notes on the ABA Antitrust Spring Meeting Panel on Marijuana Law
Attendees at this year’s Spring Meeting may have been surprised by an unexpected panel: an overview of the status of the law related to the legalization of marijuana and antitrust issues facing the nascent industry. However, a single number explains…
Supreme Court Nominee Garland: An Assessment of Antitrust Expertise
Last month, our antitrust column was devoted to the late Justice Antonin Scalia’s antitrust legacy on the U.S. Supreme Court, focusing on his three antitrust opinions for the majority. At that time, we promised to continue that analysis, focusing this…
FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm
The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of patent infringement litigation under the Hatch-Waxman Act. In its 2013 FTC…