Beginning July 8, 2024, “Antitrust & Competition Blog” will be hosted on Steptoe’s main website. This transition will not impact your subscription, and you will continue to receive automatic notification of new blog posts. However, this notification will now
Antitrust & Competition Blog
The Antitrust & Competition Blog, published by Steptoe LLP, covers developments and analysis in antitrust and competition law. It addresses topics such as regulatory changes, enforcement actions, and litigation trends involving antitrust statutes like the Robinson-Patman Act. The blog discusses issues related to patent settlements and their antitrust implications, digital market regulations including the UK Digital Markets, Competition and Consumers Act and the EU Digital Markets Act, and the role of business users under these frameworks. It also examines competition authority investigations and policy shifts affecting various industries, including pharmaceuticals, technology, and retail sectors.
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Latest from Antitrust & Competition Blog
Reverse Payment Settlement Disclosure at USPTO
By Paul Stancil
On April 19, 2024, the U.S. Patent and Trademark Office (“USPTO”) issued a Federal Register notice requesting public comment on a variety of proposed changes to the rules governing the way that it handles certain patent challenges. Most significantly, the…
The Curious Revival of Robinson-Patman
With inflation and high consumer prices sure to be major issues in this year’s U.S. Presidential election, recent public statements by FTC Chair Lina Khan and Democratic Commissioner Alvaro Bedoya[1] reveal a curious enthusiasm for reviving enforcement of the…
The UK Digital Markets, Competition and Consumers Act: What Does It Mean for Business?
The UK Digital Markets, Competition and Consumers Act (DMCCA) received Royal Assent on May 24, 2024, after a series of amendments ping-ponged back and forth between the House of Commons and The House of Lords. It is a major piece of…
The Role of Business Users Under the DMA
By Robert Klotz
The European Commission (Commission) keeps stressing the important role of “business users” under the Digital Markets Act (DMA).[1] Business users are at the core of the DMA, with its Article 1(1) stating: “The purpose of this Regulation is…
Clarity on Reverse Payments
The Second Circuit, for the first time, has addressed the scope of the Supreme Court’s decision in FTC v. Actavis, 570 U.S. 136 (2013), regarding the use of allegedly anticompetitive reverse payments by a brand drug manufacturer to settle patent…
Clarity Starts to Form Regarding Pricing Algorithm Antitrust Cases
When do companies using the same pricing algorithm violate the antitrust law? Despite the new technology, the answer seems to center on the classic issue central to a hub-and-spoke conspiracy: is there an agreement along the rim?
In Gibson v.
Duty to Make Full Disclosures Under the UK’s Merger Control Regime
Under the UK’s merger control regime, there is no obligation to notify mergers to the Competition and Markets Authority (CMA). However, where merger parties wish to formally notify a merger, there is a duty for them to make full and…
Avoid Submitting Misleading or Incorrect Information During a Merger Review Process or Face an Investigation Even After the Notification Is Withdrawn
In merger procedures, it is a fundamental requirement for parties to provide accurate and complete information to the European Commission as it forms the basis of the Commission’s assessment of mergers. Under the EU Merger Regulation (EUMR), the European Commission…
The EU’s New Market Definition Notice
After a lengthy period of consultation, the European Commission has adopted a new Notice (‘Notice’) on the definition of the relevant market for purposes of EU competition law. The Notice comes on the heels of a significant period of updating…