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Information Sharing, Pricing Algorithms, and Antitrust Liability: Where Is the Line?

Antitrust enforcers and private plaintiffs over the past few years have pursued increasingly aggressive theories of liability based on information exchange and the use of algorithmic pricing and revenue management software....more

MoFo Competition: Antitrust Shifts You Need to Know

“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.” The award-winning women partners of...more

AMG Capital v. FTC – SCOTUS Strips The FTC Of A Critical Enforcement Tool

In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court...more

Quarterly Cartel Catch-Up: Recent Developments In Criminal Antitrust For Busy Corporate Counsel - 3rd Quarter 2020

Despite the ongoing coronavirus (COVID-19) pandemic, the work of antitrust enforcers has continued largely uninterrupted in the second half of 2020. The Department of Justice Antitrust Division (the “Division”) has announced...more

FTC & DOJ Sign Multilateral Mutual Assistance And Cooperation Agreement For Competition Authorities

On September 2, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) signed a competition enforcement framework with antitrust agencies in the Australia, Canada, New Zealand, and the United Kingdom. The...more

FTC & DOJ Provide Vertical Merger Guidance With Draft Guidelines

On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued draft Vertical Merger Guidelines for public comment. The draft guidelines outline potential theories of harm, the analytical...more

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