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Looking for Antitrust Laws? Find out information about Antitrust Laws. in a number of bourgeois states, laws adopted nominally to limit the activities of trusts, cartels, and other forms of monopolies. The first such law was... Explanation of Antitrust Laws
Has a new day dawned for U.S. antitrust scrutiny of Alphabet-Google? The evidence is overwhelming that Alphabet-Google has broadly extended its search and search monopolies into several more markets, and that it has done so anti-competitively in the four years since the FTC chaotically shut down its search, search advertising, and Android investigations in January 2013. The question here is will Googles many monopolies enjoy no FTC antitrust enforcement over the next four years of the Trump Administration, like Google apparently enjoyed in the last four years of the Obama Administration? To set a baseline of what has happened since the FTC apparently stopped enforcing antitrust law against Google, its instructive to remember where Google stood at that time with the FTC, via brief conclusions from the FTC staff investigators and then from the FTC commissioners. In October 2012, the FTC Staff Report said:
Washington, D.C.. As a former Surface Warfare Officer in the United States Navy, John "Jay" Jurata is no stranger to keeping his cool in face of pivotal conflicts. This has served him well in his career as an antitrust trial attorney that has spanned nearly two decades. He has represented some of the biggest names in the technology industry, including Microsoft, Sharp, LG, Panasonic and Fujifilm. A partner in Orricks Washington, D.C., office, Jay is the leader of the firms Antitrust and Competition Group. His practice covers both U.S. and international competition law, with an emphasis on antitrust and intellectual property issues involving technology markets. He is a first chair trial lawyer with extensive experience representing clients in government investigations relating to monopolization and abuse of dominance, mergers and acquisitions, and high-stakes litigation. He currently co-leads Microsofts defense of an antitrust class action overcharge litigation in Canada seeking more than four ...
The Justice Departments top antitrust official on Friday warned Big Tech that the U.S. government could pursue them for anticompetitive behavior related to their troves of user data, including for cutting off data access to competitors.. "Antitrust enforcers cannot turn a blind eye to the serious competition questions that digital markets have raised," Assistant Attorney General Makan Delrahim told an antitrust conference at Harvard Law School.. Lawmakers have accused the Department of Justice and the Federal Trade Commission of wasting time arguing who would investigate which tech company, amid a broad investigation into firms like Google, Amazon, Facebook and Apple.. Delrahims office is currently investigating companies including Google while the Federal Trade Commission probes Facebook. The House Judiciary Committee is conducting an inquiry looks at those two companies plus Amazon and Apple.. He said some of the most interesting and alarming legal issues raised by the rise of the digital ...
Washington, D.C.. As a former Surface Warfare Officer in the United States Navy, John "Jay" Jurata is no stranger to keeping his cool in face of pivotal conflicts. This has served him well in his career as an antitrust trial attorney that has spanned nearly two decades. He has represented some of the biggest names in the technology industry, including Microsoft, Sharp, LG, Panasonic and Fujifilm. A partner in Orricks Washington, D.C., office, Jay is the leader of the firms Antitrust and Competition Group. His practice covers both U.S. and international competition law, with an emphasis on antitrust and intellectual property issues involving technology markets. He is a first chair trial lawyer with extensive experience representing clients in government investigations relating to monopolization and abuse of dominance, mergers and acquisitions, and high-stakes litigation. He currently co-leads Microsofts defense of an antitrust class action overcharge litigation in Canada seeking more than four ...
Here are some of the developments in antitrust news this past week that we found interesting and are following.. Generic drugmakers win EU okay to cooperate in coronavirus fight. Generic drugmakers will be allowed to cooperate to supply hospital medicines for COVID-19 patients without fear of breaching the blocs competition rules, EU antitrust regulators said on Wednesday. The step is the latest loosening of the blocs strict antitrust rules to help tackle the novel coronavirus pandemic. The European Commission, the EU executive, has allowed EU governments to hand out subsidised loans, grants and defer tax payments to thousands of companies. Regulators said waiving antitrust rules for generic drugmakers, which produce the largest part of critical hospital medicines, will help to avoid shortages.. Judge Rejects Governments Bid to Block Airline-Data Merger. A federal judge has rejected a government attempt to block Sabre Corp. from buying Farelogix Inc. in a $360 million deal combining two ...
The conservative critique of antitrust law has been highly influential and has facilitated a transformation of antitrust standards of conduct since the 1970s and led to increasingly more permissive standards of conduct. While these changes have taken many forms, all were influenced by the view that competition law was over-deterrent. Critics relied heavily on the assumption that the durability and costs of false positive errors far exceeded those of false negatives. Many of the assumptions that guided this retrenchment of antitrust rules were mistaken and advances in the law and in economic analysis have rendered them anachronistic, particularly with respect to exclusionary conduct. Continued reliance on what are now exaggerated fears of
Safaricom Ltd., East Africas biggest mobile-phone operator, opposes draft antitrust laws proposed by the industry regulator because they may curb efficiency and investment, Chief Executive Officer Bob Collymore said.
​The AANS and CNS support the idea that physicians should be allowed to jointly negotiate contracts without subjecting them to per se violations of the antitrust laws.
AG Jepsen Leads Coalition in New, Expanded Complaint in Federal Generic Drug Antitrust Lawsuit Abstract: Attorney General George Jepsen today led 45 other attorneys general taking part in a wide-ranging multistate antitrust investigation of the generic drug industry in asking the federal court for permission to file a new complaint in the states pending lawsuit that increases the number of generic drug manufacturer defendants from six to 18 in the case and the number of drugs at issue in the litigation from two to 15. ...
One hot topic is whether Google has violated the antitrust laws. Another important topic is how behavioral economics can enrich antitrust policy. This Essay exa
Copyright © 2017 · Salt Institute. All rights reserved. Privacy Policy , Terms of Use. Antitrust Policy: It is the policy of the Salt Institute (SI), and it is the responsibility of every Association member company, to comply in all respects with federal and State antitrust laws and the Board of Directors has adopted an antitrust policy to that effect. No SI activity is intended to be or shall be used for the purpose of bringing about any understanding or agreement among members to (a) raise, lower, or stabilize prices; (b) regulate production; (c) allocate markets; (d) encourage boycotts; (e) foster unfair trade practices; (f) assist monopolization, or (g) in any way violate federal or State antitrust laws. Any and all meetings, communications, conference calls, shared resources and collaborative workspaces (including, without limitation, the SI website; web or online chats; blogs; social or business networking tools [such as Linkedin, Facebook, myspace, and Twitter]; data sharing; document ...
Copyright © 2017 · Salt Institute. All rights reserved. Privacy Policy , Terms of Use. Antitrust Policy: It is the policy of the Salt Institute (SI), and it is the responsibility of every Association member company, to comply in all respects with federal and State antitrust laws and the Board of Directors has adopted an antitrust policy to that effect. No SI activity is intended to be or shall be used for the purpose of bringing about any understanding or agreement among members to (a) raise, lower, or stabilize prices; (b) regulate production; (c) allocate markets; (d) encourage boycotts; (e) foster unfair trade practices; (f) assist monopolization, or (g) in any way violate federal or State antitrust laws. Any and all meetings, communications, conference calls, shared resources and collaborative workspaces (including, without limitation, the SI website; web or online chats; blogs; social or business networking tools [such as Linkedin, Facebook, myspace, and Twitter]; data sharing; document ...
In the 1944 Supreme Court Case, United States v. South-Eastern Underwriters Association, the Court established that the business of insurance constitutes "interstate commerce," and therefore is subject to Congressional oversight under the Commerce Clause of the Constitution. This decision specifically held that the Sherman Act - the federal antitrust statute - applied to insurance.. In quick reaction, insurance companies lobbied Congress to pass the McCarran-Ferguson Act of 1945 to establish a special-interest exemption for the industry from federal antitrust laws. After 70 years, it is apparent that the unbridled antitrust exemption created by Congress in the 1940s was not prudent. Over the decades - and expeditiously since the passage of the Affordable Care Act, in 2009 - the health insurance market has mutated into one of the least transparent and most anti-competitive industries in the United States.. The Competitive Health Insurance Reform Act, HR 372, is legislation designed to amend ...
Certifying a class of direct purchasers of sheet metal parts alleging claims under section 1 of the Sherman Act, Judge Lynn Adelman of the United States District Court for the Eastern District of Wisconsin focused on what it means for common questions to predominate in an antitrust class action. Relying on the analysis of plaintiffs expert, the decision echoes the Supreme Courts observation in Amchem Products v. Windsor, 521 U.S. 591, 625 (1997), that "[p]redominance is a test readily met in certain cases alleging . . . violations of the antitrust laws.". In Fond Du Lac Bumper Exchange v. Jui Li Enterprise et al., plaintiffs allege that defendants-manufacturers of aftermarket automotive sheet metal parts-violated the Sherman Act by conspiring to fix, raise, maintain, and stabilize prices of these automotive parts. Three of the five original defendants have reached class-wide settlements with the plaintiffs, and the court approved these agreements last year.. Aftermarket automotive sheet metal ...
The rise of behavioral economics has sparked a debate about whether the conventional economic models used in antitrust analyses - which rely on assumptions of rational action - adequately account for real-world behavior, says Elizabeth Bailey of NERA Economic Consulting Inc.
Elinor R. Hoffmann, Office of the NYS Attorney General Why do States care? In 2004, $188.5 Billion was spent on prescription pharmaceuticals. One estimate for 2006 is $213.7 billion. Attorneys General represent state agencies and consumers who make significant purchases of pharmaceuticals. Poisal, J.A. et al, Health Spending Projections through 2016: Modest Changes Obscure Part Ds Impact Health Affairs 26, No. 2 (2007). Elinor R. Hoffmann, Office of the NYS Attorney General
Allied Pilots Association (APA), representing 11,500 pilots at American Airlines, urged (09-Oct-2009) the US Department of Transportation (DoT) to decline the carriers application for worldwide antitrust immunity with British Airways and Iberia, citing European Commission (EC) concerns and the airlines refusal to address job-security, anti-competitiveness and national-security issues. [more]. Allied Pilots Association: As a result of two significant developments during the past several days, we urge the DoT to decline American Airlines application for worldwide antitrust immunity. The first of those developments was the ECs announcement earlier this month that American Airlines plans may violate rules governing restrictive business practices. Given those stated concerns, we question the advisability of granting approval to a deal that may fail to pass muster with the DoTs European counterparts, Captain Lloyd Hill, President. Source: Allied Pilots Association, 09-Oct-2009.. ...
While the FTCs focus on keyword advertising is new, its interest in advertising restrictions is not. For example, our Advertising and Marketing Law casebook covers the FTC v. Polygram case from 2003, in which the FTC successfully pursued two competitors agreements to restrict advertising of old stock in order to prop up a new product release. Questions Raised Why Is the FTC Acting Now? The FTC says 1-800 Contacts started its enforcement-and-settlement campaign in 2004. Why is the FTC acting now, a dozen years later? Normally a complaint like this is instigated by a competitors complaint, and it would make sense if Lens.com tipped off the FTC about its situation. (In addition to the trademark battle, Lens.com had a parallel antitrust lawsuit against 1-800 Contacts going back years). However, I assume Lens.com would have raised this issue with the FTC a long time ago. After all, Lens.com filed its antitrust lawsuit in 2011. Perhaps the FTC waited to see how that lawsuit would play out before ...
Sara Lee Corporation and The Earthgrains Company announced yesterday that they have received U.S. antitrust clearance for Sara Lees proposed acquisition of Earthgrains. The waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 relating to Sara Lees proposed acquisition of Earthgrains expired at 11:59 p.m. (EDT), on Friday, July 20, 2001. The tender offer is scheduled to expire at midnight (EDT) on Tuesday, July 31, 2001, unless extended. related to Sara Lee, FDF,
WHEREAS, the Honorable Robert H. Bork, a resident of McLean, continues a long and distinguished career of public service; and. WHEREAS, Robert Bork earned a bachelors degree and a law degree from the University of Chicago and served in the United States Marine Corps; and. WHEREAS, Robert Bork engaged in the private practice of law in Chicago and was a Professor of Law at Yale Law School from 1962 to 1973 and then again from 1977 to 1981; and. WHEREAS, Professor Borks book, The Antitrust Paradox, sparked the public dialog about antitrust laws that culminated in the now dominant view that the purpose of antitrust laws is maximizing consumer welfare; and. WHEREAS, as Professor of Law at Yale Law School, Robert Bork served as the original faculty advisor for a small law student organization, The Federalist Society, and ever since then has selflessly given his time and counsel to this legal organization as it has grown into an influential nationwide organization committed to our national ...
National Football League was found guilty Tuesday of violating an antitrust law but survived the United States Football Leagues $1.69-billion suit here when a bothered and bewildered jury of five women and one man awarded damages of just $1 to the failing football league.
In contrast to some Western jurisdictions, exchange of information between competitors in itself is not a violation of Russian antitrust law. However…
A federal judge will allow one of the countrys leading food service distributors and a group of others balking at the high price of chicken to continue to peck away at a federal antitrust action accusing the countrys largest poultry producers of fixing prices for their birds.
Some of Americas biggest paper companies have been contacted by Justice Department investigators as part of a federal antitrust investigation into commercial and industrial sales of toilet tissue
Andrew G. Berg Chairs the Global Antitrust Litigation & Competition Regulation Practice and advises clients on litigation, mergers and acquisitions, and other antitrust and competition-related matters before the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), state attorneys general, and in private litigation. Andrews practice includes a full range of antitrust transactional and mergers and acquisitions experience, including Hart-Scott-Rodino filings at the FTC and DOJ, and related merger analysis issues. He also counsels and litigates unfair and deceptive trade practice matters involving advertising, marketing, and financial and credit practices.. Andrew represents clients in every aspect of FTC and DOJ investigations, inquiries and litigation. At the FTC, this includes pre-complaint investigations, discovery and investigational hearings, complaint recommendations before the Bureau Directors offices and the Commissioners offices, and enforcement ...
In economics and particularly in industrial organization, market power is the ability of a firm to profitably raise the market price of a good or service over marginal cost. In perfectly competitive markets, market participants have no market power. A firm with total market power can raise prices without losing any customers to competitors. Market participants that have market power are therefore sometimes referred to as "price makers" or "price setters", while those without are sometimes called "price takers". Significant market power occurs when prices exceed marginal cost and long run average cost, so the firm makes economic profit. A firm with market power has the ability to individually affect either the total quantity or the prevailing price in the market. Price makers face a downward-sloping demand curve, such that price increases lead to a lower quantity demanded. The decrease in supply as a result of the exercise of market power creates an economic deadweight loss which is often viewed ...
The Justice Departments top antitrust official warned Big Tech companies Friday that the government could pursue them for anticompetitive behavior related to their troves of user data, including for cutting off data access to competitors. Antitrust enforcers cannot turn a blind eye to the
Three-hospital Evanston Northwestern Healthcare denied allegations by the Federal Trade Commission (FTC) that its 2000 acquisition of Highland Park Hospital and the hospitals affiliated physician group was anti-competitive. In its first antitrust challenge to a hospital merger in six years, the FTC on Tuesday asked a court to order Evanston Northwestern to divest Highland Park and to refrain from setting prices for physicians not employed by the Evanston Northwestern faculty practice. Evanston Northwestern said it would fight the challenge. Responding to Modern Healthcares request for comment, David Loveland, senior vice-president of corporate relations at Evanston Northwestern, said the system controls 16% of the area market. "One reason we are so chagrined by the FTC action is that this is not a situation where we have dominant market clout," Mr. Loveland said. "The FTC decision has ignored the overwhelming proof of the enormous benefits of this merger." The FTC alleged that the
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GlaxoSmithKline LLC and Teva Pharmaceutical Industries Ltd. urged a New Jersey federal judge Friday to dismiss claims by indirect purchasers of GSK's epilepsy drug Lamictal accusing the companies of entering a pay-for-delay settlement that was unlawful and anti-competitive.
We continue to explore the possibility of partnering with other parties on both of those projects,," Bill Hemelt, Matrixx acting president, CFO and COO, told analysts last week. "As weve said before, we dont want to move forward on them by ourselves because of the significant risks associated with that," he said. "Xcid was a disappointment. … We did roll it out on a limited basis this past year, but it did not meet our expectations. Not because its a bad product, it just simply will require greater investment to take that nationally. So we are exploring partnership possibilities for both of those projects.". Both products are "market ready," Hemelt said, replete with consumer research and product research.. Zicare, when used in conjunction with a daily oral routine, helps dissolve up to 30% of visible tartar that has already formed and helps inhibit future tartar formation above the gumline, according to the product web site. Zicare is a gel that is applied at the gumline and between the ...
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On October 20, 2016, the Federal Trade Commission ("FTC") and the Antitrust Division of the Department of Justice ("DOJ") released joint guidance for…
Reuters is reporting that majority of those on the US Federal Trade Commission believe an antitrust case should be brought against Google. But if action co
Should Facebook be investigated for antitrust violations, the Federal Trade Commission (FTC) would lead the probe, the Wall Street Journal reported on Monday.
Modern antitrust and competition law relies extensively on the firm as defined by Ronald Coase: a hierarchy reducing transaction costs thanks to vertical contro
I intimately covered Microsofts U.S. antitrust troubles from 1997 through the judges final decree at the end of 2002. Legal experts and others more directly involved in the case agreed on at least one thing: Attorneys general for federal and state governments might never have brought the case(s) if not for exclusive agreements that Microsoft imposed on its manufacturing partners. Keyword: Exclusive, and the deals favoring the software giants products and services (like Internet Explorer) over competitors wares. Exclusivity that shut out competitors caused consumer harm, trustbusters reasoned.. If there is a problem for Android and Google, licensing terms will be the big thing, I predict.. Android is really two operating system. There is the open-source version that anyone can adapt, and there is the other that Google directly licenses which has strings attached. Stated differently: The search and information giant imposes restrictions, with respect to carrying its apps and services. This is ...
In this article, NERA experts Sheng Li, Christine Meyer and Gabriella Monahova explain four frequently used economic tools and how economists apply them to common antitrust issues. The authors first discuss regression analysis as applied to common antitrust issues. They then explain how critical loss analysis (CLA), the upward pricing pressure (UPP) model, and merger simulation are applied in the review of mergers and acquisitions. For each economic tool, they provide a practical list of the strengths and limitations of these techniques and the key issues that attorneys and economists need to discuss so that they and their clients are fully prepared for how the antitrust agencies or an opposing private litigant might critique the economists work. They conclude that while antitrust attorneys and economists often use different terminology, providing the highest level of service to clients requires that attorneys and economists work together to address the same questions about competition in ...
Justice Department antitrust enforcers are preparing to give the green light to two major deals in the health-care industry, CVS Health Corp.s planned acquisition of health insurer Aetna Inc. and Cigna Corp.s planned purchase of Express Scripts Holding Co., according to people familiar with the matter.
If federal regulators are serious about prosecuting Big Tech icons for antitrust practices, theyll probably have to redefine what constitutes a monopoly in...
European Commission - Competition - Antitrust - Guidelines on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC Treaty
The antitrust investigation (or enforcement action) against Google in Europe is currently focused on shopping search. Theres an earlier stage, but
A member of Brazils billionaire Batista family should be declared guilty of fostering anti-competitive practices in the domestic cattle slaughtering market more than a decade ago, a body at antitrust watchdog Cade recommended on Friday.
It did not take long for EU competition commissioner Neelie Kroes to put the boot in. Minutes after the European Court of First Instance handed down its significant judgment against Microsoft, she fired a warning shot across the bow of other high-tech companies that may be thinking of ignoring its antitrust strictures.
In 2009, the Third Circuit decided Hydrogen Peroxide, which announced a more rigorous standard under Federal Rule of Civil Procedure 23(b)(3) for (...)
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Our Legal Cases Span the Areas of Antitrust, Commodities & Options, Consumer Protection, Civil Litigation, Class Actions, Securities Litigation, Shareholder Rights, Whistleblower and more.