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FTC and DOJ Withdraw Guidelines for Collaborations Among Competitors

On December 11, 2024, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, “the Agencies”) jointly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (“Guidelines”)....more

FTC Issues Warning on the Use of Algorithms to Recommend or Set Prices

The U.S. Federal Trade Commission (FTC) recently published a blog post warning that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. The FTC...more

Antitrust: Heightening Expansion, Review, and Enforcement

Manufacturing companies should actively prepare for heightened antitrust scrutiny of their business practices in 2023, including practices that have not traditionally garnered the focus of the federal antitrust enforcers. ...more

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more

Threats of Antitrust Enforcement in the Supply Chain

With steep inflation and seemingly constant disruptions in supply chains for all manner of goods, the Biden Administration has turned increasingly to antitrust authorities to tame price increases and stem future bottlenecks....more

One Year of Action Since President Biden’s Executive Order on Competition

Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more

USPTO, NIST, and DOJ Antitrust Division Withdraw SEP Injunction Policy Statement

On June 8, 2022, the U.S. Department of Justice, Antitrust Division (DOJ), the U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) withdrew — without replacing — a Trump-era...more

Biden’s DOJ Signals Return to Pre-Trump Administration Standard Essential Patent Policies

In remarks on September 29, 2021, a senior official from the Department of Justice Antitrust Division (DOJ) outlined the agency’s shift in approach to issues surrounding technology industry standards. The remarks foreshadowed...more

A Divided FTC Approves Omnibus Resolutions to Step Up Enforcement Actions and Votes to Withdraw the 2020 Vertical Merger...

Last week saw two notable competition-related developments from the Federal Trade Commission (FTC). The first relates to the FTC’s approval of eight new compulsory process resolutions in high-priority areas. The second...more

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

Three Ways Antitrust Enforcement Has Changed Under Coronavirus, and One Way it Has Not

Amid the national coronavirus emergency, the antitrust enforcement agencies remain open for business. However, like the rest of these country, these agencies—the Department of Justice (DOJ) and Federal Trade Commission...more

DOJ and FTC Signal Shifts in Antitrust Enforcement of Essential Patent Disputes

Recent public statements from Makan Delrahim, Assistant United States Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), and Joseph Simons, Federal Trade Commission (FTC) Chairman, indicate...more

DOJ and FTC Update Antitrust-Intellectual Property Licensing Guidelines

On August 12, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing...more

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