NCAA vs. Board of Regents of the University of Oklahoma: A Win for Antitrust Law and College Football Fans
On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In...more
For the first time in 40 years, the Federal Trade Commission (FTC) has taken action to enforce Section 8 of the Clayton Act, which prohibits so-called interlocking directorates. In the same action, the FTC mounted its first...more
On Friday May 19, 2023, Massachusetts Federal District Judge Leo T. Sorokin found that the partnership between JetBlue and American Airlines (“American”), known as the “Northeast Alliance” or “NEA,” harmed competition in the...more
In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more
On November 10, 2022 (following its January 2021 withdrawal of its 2015 policy statement regarding enforcement under Section 5 of the FTC Act), the Federal Trade Commission (“FTC” or “the Commission”) issued a new statement...more
Although many attempts by physicians to challenge hospital medical staff privileges terminations on antitrust grounds have fallen flat over the years, often because of perceived failures by the plaintiff to allege an...more
For at least the third time in recent months, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, "the agencies") have signaled increased scrutiny of the private equity industry,...more
During the recent Spring 2022 Enforcers Summit, Department of Justice (DOJ) Antitrust Division chief, Assistant Attorney General for Antitrust Jonathan Kanter, announced that interlocking directorates will face increased...more
In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives...more
The U.S. Department of Justice Antitrust Division (DOJ) recently announced that two top executives of a talent and media agency resigned their positions on the board of directors for a competing business. They did so after...more
On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group...more
Highlights - • The Federal Trade Commission (FTC) recently updated its interpretation of its authority to challenge “unfair methods of competition” under Section 5 of the FTC Act. It will no longer limit enforcement actions...more
Three recent antitrust merger reviews involving nascent competition demonstrate enforcers are paying close attention to acquisitions by industry leaders of emerging, but early-stage competitors. The US antitrust agencies have...more
On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of...more
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more
In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law with respect to indirect purchaser...more
On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more
On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more
We previously wrote about the nascent efforts of legislators, regulators, and representatives of technology-dependent industries to use the antitrust laws, such as Section 2 of the Sherman Act or Section 7 of the Clayton...more
The Federal Trade Commission’s New Section 5 Statement Preserves the Agency’s “Doctrinal Flexibility” but Fails to Provide Meaningful Concrete Guidance - On August 13, 2015, the Federal Trade Commission (FTC) released...more