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Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

Antitrust Without Effect: Some Recent Case Studies

The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework...more

The Return of Price Discrimination Enforcement: What Every Business Needs to Know

The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

Federal Trade Commission and Department of Justice Issue New Merger Guidelines

Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest...more

It’s Not Just the “Tech Giants” Who Should Be Paying Attention to the FTC’s New Technology Task Force

News of the Federal Trade Commission’s (FTC) plans to create a new task force focused on monitoring competition in U.S. technology markets is making headlines for the suggestion that the agency might seek to unwind already...more

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