In July and August, we discussed the president’s role in setting antitrust policy at the Department of Justice, Antitrust Division. Specifically, we pointed out that presidents routinely face competing domestic and foreign policy challenges that require a delicate balance and
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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Recent Investigation Closing Suggests FTC’s Process Reforms Might Be Meaningful
By Danyll Foix
Back in April, we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” including “process reforms” for civil investigatory demands (CIDs) for reviewing and closing some…
‘Tryin’ to Loosen My Load’ – FTC’s New CID Process May Reduce Your Antitrust Investigation Burden*
By Danyll Foix
In April we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” in the words of FTC Acting Chair Maureen K. Ohlhausen. As part of these…
Presidential Powers and Antitrust Politics: Part One
In June, we discussed the Trump administration’s candidate for the top post in the Department of Justice’s Antitrust Division: Makan Delrahim. During Delrahim’s confirmation hearing, Sen. Amy Klobuchar pressed him, “What would you do, if you’re in this job, if…
The ‘Failing Firm’ Defense and How Not to Lose It, Article Explains
Law360 featured an insightful article today on a recently unsealed court opinion blocking the $367 million merger of rival nuclear waste processing companies.
The court blocked the merger, while rejecting the parties’ argument that the deal should be approved because otherwise…
DOJ’s Possible Antitrust Chief’s Senate Confirmation Hearing
Last month, we discussed Makan Delrahim’s background, including his experience litigating antitrust and intellectual property matters at the Department of Justice during the George W. Bush administration and his extensive lobbying work at Brownstein, Hyatt, Farber and Schreck. On May…
Hospital Seeks Second Opinion on Certifying Class with Uninjured Members
By Danyll Foix
Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were harmed, the hospital’s motion invites…
Trump’s Pick for Department of Justice Antitrust Division Chief
Last month we discussed Supreme Court Justice Neil Gorsuch’s confirmation hearings. Specifically, we noted the Senate Judiciary Committee’s failure to nail Gorsuch down on key antitrust issues, including issues he handled as an experienced antitrust lawyer and decided…
The Senate’s Uneventful Gorsuch Confirmation Hearing
Recently, we discussed in prior articles the antitrust legacy of Neil Gorsuch, currently a judge on the U.S. Court of Appeals for the Tenth Circuit and nominee for the Supreme Court of the United States. Gorsuch has significant antitrust…
Case Closed! FTC Announces New Processes for Potentially Ending Investigations
By Danyll Foix
Earlier this week, the Federal Trade Commission’s Acting Chair, Maureen K. Ohlhausen, announced new and potentially meaningful processes to be implemented by the agency for reviewing and ending some investigations.
Responding to President Trump’s directives aimed at eliminating wasteful and…