On July 9, 2020, the U.S. Supreme Court granted petitions for certiorari in FTC v. Credit Bureau Center and AMG Capital Management, LLC v. FTC, cases that question the Federal Trade Commission’s authority to demand equitable monetary relief such as
Antitrust Law Blog
Current Antitrust & Competition News & Regulatory Developments
The Antitrust Law Blog, published by Sheppard, Mullin, Richter & Hampton LLP, covers developments and analysis in antitrust and competition law. It addresses regulatory changes, enforcement actions, and legislative updates affecting various industries, including healthcare, technology, and government contracting. The blog discusses federal and state antitrust enforcement trends, merger review processes, algorithmic pricing regulations, and the impact of executive orders on competition policy. It also examines the intersection of antitrust law with regulatory frameworks and policy shifts, providing insights into compliance, litigation, and transactional considerations for businesses and legal practitioners.
Latest from Antitrust Law Blog - Page 12
High Risk of Second Requests in the Cannabis Industry
By Leo Caseria & Thomas Tyson
The cannabis industry faced heightened antitrust scrutiny from the Department of Justice (DOJ) in 2019. There were public reports regarding several “Second Requests” seeking information about potential cannabis transactions. Second Requests are a part of expensive and time-consuming antitrust investigations…
DOJ and FTC Issue Joint Statement Regarding COVID-19 and Antitrust Violations
The Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) recently issued a joint statement (the “COVID-19 Statement”) regarding what constitutes lawful “procompetitive collaborations” between companies to address certain needs for consumers and businesses during the coronavirus pandemic. It…
DOJ Issues First Business Review Letter Approving Competitor Collaboration In Response To COVID-19
On April 4, 2020, the Department of Justice issued a business review letter allowing collaboration among five distributors of personal-protective equipment (“PPE”), oxygen, and medications. This is the first business review letter issued under the expedited review procedure for streamlining…
Speeding Up and Slowing Down Antitrust Reviews – How the Federal Antitrust Agencies Are Responding to the COVID-19 Crisis
By Bevin Newman
Make no mistake, the antitrust laws remain in full effect. The leadership of the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have made clear that these enforcers “stand ready to pursue civil violations…
COVID-19 is Not a “Get Out of Jail Free Card” from EU Competition Law
The COVID-19 pandemic has triggered worldwide pandemonium and is disrupting business throughout all sectors. It is undeniably a major shock for the global economy. While the need for a coordinated response has been recognised at the highest levels in the…
U.S. Antitrust Agencies to Streamline Review for COVID-19 Collaborations (UPDATED)
This post has been updated as of March 24, 2020.
On Monday, March 23, it was reported that the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) were preparing to announce a streamlined procedure through which companies seeking…
COVID-19 Outbreak and Adjusted EU State Aid Control
The unique EU State aid control law requires, in principle, prior notification by Member States and approval by the Commission of all State aid. During a time of crisis, like the COVID-19 pandemic, EU law allows for a flexible approach…
Arizona District Court Tentatively Dismisses Axon v. FTC
On March 10, 2020, the United States District Court for the District of Arizona issued a tentative ruling denying Axon Enterprise’s motion for preliminary injunction and dismissing its complaint against the Federal Trade Commission, due to lack of subject matter…
Coronavirus Sparks Changes to Premerger Notification Process at the FTC
In response to COVID-19, the FTC’s Premerger Notification Office (PNO) just announced several changes for all Hart-Scott-Rodino (HSR) filings going forward. While these changes have been described as temporary, no specific end date has been identified.
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