The Department of Justice (DOJ) recently took the uncommon step of submitting an amicus brief to weigh in on a motion to dismiss. TIKD Services, LLC v. The Florida Bar, No. 1:17-cv-24103 (S.D. Fla. filed Nov. 8, 2017), Dkt. 115.
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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Should a Judge’s Personal Judicial Experience Affect Antitrust Pleadings?
When the U.S. Supreme Court scrapped Conley v. Gibson’s “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate aftermath, some courts frankly misconstrued Twombly and Iqbal to invite a Daubert-style “gate keeper” appraisal…
Join Us for a Teleconference on New ABA Publication, “Antitrust Class Actions Handbook”
The ABA recently released a new publication that should be of interest to antitrust practitioners, the Antitrust Class Actions Handbook, Second Edition. The Handbook comprehensively addresses issues that arise before, during and after the filing of an antitrust class action.…
No Health Care Merger Too Small for the FTC to Take an Antitrust Look
Has the Third Circuit Just Scrambled ‘Umbrella Damages’?
By Danyll Foix
A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes plaintiffs from seeking damages for transactions with…
The FTC Is Looking You Up and Down(stream): Insights From the Acting Director of the Bureau of Competition on Antitrust Enforcement for Vertical Mergers
New Antitrust Division Chief Prioritizes Regulation of Standard Setting Organizations
As we discussed in our May 2017 article, the current head of the DOJ’s Antitrust Division, Makan Delrahim, brings considerable intellectual property experience to the division. Delrahim started his legal career at the Office of the U.S. Trade Representative…
The Trump DOJ’s View on Merger Enforcement and Remedies Explained
By Danyll Foix
President Trump’s head of the Department of Justice’s Antitrust Division, Makan Delrahim, recently explained that the division will cut back on behavioral commitments such as consent orders regulating conduct and will instead rely more on structural changes such as divestitures…
Supreme Court to Decide First Antitrust Case in Two Years
On Oct. 16, the U.S. Supreme Court granted certiorari in United States v. American Express, the court’s first antitrust case of the 2017 term and the first antitrust case they have reviewed since 2015. The American Express case presents complex…
Antitrust Partner Dan Foix Presents at AAI Conference
Danyll Foix, an antitrust partner in BakerHostetler’s Washington, DC office, will be a speaker at the 11th Annual Private Enforcement Conference of the American Antitrust Institute on November 7, 2017.
Foix will join a panel discussion of “Agriculture Antitrust…