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Obtaining Class Certification in the United States


By , and on Oct 31, 2019
Posted In Private Litigation

Developments in antitrust class actions over the past year highlight the critical role that the certification decision plays. In the United States, the denial of class certification “may sound the ‘death knell’ of the litigation on the part of plaintiffs.” To obtain class certification, plaintiffs must satisfy the four requirements in Rule 23(a) of the...

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THE LATEST: Hollywood Writers Guild and Talent Agencies Entangled in Labor/Antitrust Lawsuits and Countersuits


By and on Oct 14, 2019
Posted In Private Litigation

A Hollywood union’s recent amendments to its union rules has sparked federal antitrust lawsuits by talent agencies. The Writers Guild of America (WGA), a labor union and the exclusive collective bargaining representative for writers in the entertainment industry, recently instituted new rules that prohibit its members from dealing with talent agencies that do not adopt...

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Cartel Snapshot: Mid-Year Update


By and on Jun 13, 2019
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments

2019 MID-YEAR UPDATE The Department of Justice (DOJ) Antitrust Division announced three new investigations and several developments in its other investigations, including new investigations in the commercial flooring industry, online auctions for surplus government equipment and insulation installation contracts. The Antitrust Division also released its Spring 2019 Division Update, which notes that the Division “is preparing...

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Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions


By , , , and on May 15, 2019
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

The first quarter of 2019 proved to be as active as ever for antitrust regulators in both the United States and Europe. In the United States, vertical merger enforcement was the focus of a few high-profile matters. The US DOJ has been working on an update to the Non-Horizontal Merger Guidelines, possibly providing clarification for...

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FTC Hearing on Broadband


By on Apr 25, 2019
Posted In Consumer Protection/Privacy, FTC Developments

The tenth of the FTC’s Hearings on Competition and Consumer Protection in the 21st Century focused on competition and consumer protection issues in US broadband markets. The panelists addressed developments in US broadband markets, technology, and law since the FTC staff’s 2007 Broadband Connectivity Competition Policy report and the FTC staff’s 1996 Competition Policy in the...

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Antitrust M&A Snapshot | Regulator Focus on High-Tech Transactions, Acquisitions and Impact on Innovations


By , , , , and on Mar 11, 2019
Posted In DOJ Developments, EC Developments, FTC Developments, German Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

Antitrust regulators in the United States and Europe were very active in the final quarter of 2018 closing a large number of cases requiring in-depth investigations. In the United States, regulators continue their focus on the potential need to update their methods of reviewing high-tech transactions with public hearings on the future of antitrust enforcement....

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Cartel Snapshot: February 2019


By and on Feb 28, 2019
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments, Joint Ventures/Competitor Collaboration

Q4 UPDATE: OVERVIEW OF CARTEL INVESTIGATIONS Although 2018 saw guilty pleas and new indictments in several ongoing Department of Justice (DOJ) investigations, the year finished by continuing a downward trend in antitrust enforcement. DOJ’s criminal and civil fines in 2018 ended around $400 million—well short of the billion-dollar plus highs in 2014 and 2015, during...

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New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions


By , and on Nov 20, 2018
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The change is currently in effect and applies to transactions that have not yet closed. The change in position will require reporting of many hospital transactions that...

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Cartel Snapshot: The Latest on Active Antitrust Investigations


By and on Nov 9, 2018
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments

Overview of Current Cartel Investigations Although the third quarter of 2018 saw guilty pleas and new indictments in several current Department of Justice (DOJ) investigations, 2018 continues a downward trend in antitrust enforcement. At its current pace, DOJ’s annual 2018 fines will end around $300 million—well short of the billion-dollar plus highs in 2014 and...

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Antitrust M&A Snapshot


By , , and on Nov 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

United States: July – September 2018 Update Both US antitrust agencies marked the third quarter of 2018 with significant policy announcements regarding the merger review process. The announced reforms seek to expedite the review process through cooperation between the agencies and the merging parties. Moving first, the Federal Trade Commission (FTC) revealed a Model Timing...

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