Four days after Congress introduced five antitrust bills with significant levels of bipartisan support, President Biden appointed - and Congress overwhelmingly approved - notable Big Tech critic Lina Khan to be the Chair of...more
2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more
6/23/2021
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Big Tech ,
Burden of Proof ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Mergers ,
Monopolization ,
Proposed Legislation ,
Rebuttable Presumptions ,
Section 7 ,
Technology Sector ,
The Clayton Act
Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more
3/10/2021
/ Antitrust Provisions ,
Appeals ,
Certiorari ,
College Athletes ,
Joint Venture ,
NCAA ,
Oral Argument ,
Proposed Legislation ,
Rule-of-Reason Analysis ,
SCOTUS ,
Sherman Act
On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced S. 225, the Competition and Antitrust Law Enforcement Act of 2021 (the “Bill”). The Bill amends the Clayton Act in three key areas: (1)...more