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Corporate & Securities Law

Antitrust Review

Antitrust law and economics

Post Frequency: 2.9/day

Last Entry: March 29, 2011 at 10:20:31

On The Move: Timothy Muris, Christine Wilson, Bilal Sayyed, and Ian Conner

Posted on March 29, 2011
Congratulations to Timothy Muris, Christine Wilson, Bilal Sayyed, and Ian Conner who are joining Kirkland & Ellis. Muris, Wilson and Sayyed are leaving O’Melveny & Myers while Conner comes from Hunton & Williams. According to the Kirkland press release: Kirkland & Ellis LLP is pleased to announce a significant expansion of its already strong antitrust [...

On The Move: Special Howrey Edition

Posted on March 21, 2011
Following the end of the Howrey firm, a lot of antitrust lawyers have new offices. In no particular order: Baker Botts welcomed 32 antitrust lawyers from Howery including Sean F.X. Boland, James F. Rill, John M. Taladay, William Bradford Reynolds, William Henry, Joseph Ostoyich, James Kress, Stephen Weissman, Paul Cuomo, Thomas D...

NFL Players File Antitrust Lawsuit Aginst the League

Posted on March 12, 2011
Late yesterday, the NFL Players union decertified and then the players filed an antitrust lawsuit against the NFL. You can read the complaint here. Share on Facebook

The Antitrust Source

Posted on March 08, 2011
I am a bit late but a new edition of The Antitrust Source is out. The issue focuses on developments in Chinesse Competition law. Share on Facebook

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Antitrust News & Notes

Posted on February 25, 2011
Carl Shapiro, the economist who is the deputy assistant attorney general for the Justice Department?s Antitrust Division, has been named to President Obama’s Council of Economic Advisors. The FTC could be on the move as the House Transportation and Infrastructure Committee is looking at giving the FTC headquarters to the National Gallery of Art...

Antitrust News & Notes

Posted on February 09, 2011
Some movement at DOJ: Sharis Pozen is being promoted from the Antitrust Division’s Chief of Staff to the division’s Deputy Assistant Attorney General for Civil Matters; and Patricia Brink has been appointed the Director of Civil Enforcement (a new position)...

The EC Questionnaire In Its Google Investigation

Posted on January 19, 2011
Search Engine Land has posted what it claims is the 21 question document sent to ad agencies, advertisers, ad networks and publishers by the EC as part of its investigation into Google. The EC is allegedly investigating allegations about: (i) the demotion of competing online vertical search services in Google?s natural search ranking and the [...

Government Clears Comcast-NBC Merger

Posted on January 18, 2011
Today, the FCC and DOJ (unsurprisingly) cleared the Comcast-NBC Universal merger (technically, it is a joint venture between Comcast and GE’s NBC Universal Inc. subsidiary) with some (minor) conditions. The DOJ press release states that: Under the proposed settlement and the FCC order, the joint venture must make available to online video distributors (OVDs) the [...

Antitrust News & Notes

Posted on January 10, 2011
Antitrust News & Notes: News broke this past weekend that DOJ is looking into UPS and Fedex’s alleged refusal to work with third-party shipping consultants. A new edition of The Antitrust Source is out. The FTC (and the state of Ohio) have file a complaint challenging ProMedica Health System, Inc...

Antrust News & Notes

Posted on December 03, 2010
The EU again raids the offices of pharmaceutical companies. This has happened so often in the last 12-15 months I am beginning to wonder if this counts as news. The FTC is challenging “Laboratory Corporation of America?s $57.5 million acquisition of rival clinical laboratory testing company Westcliff Medical Laboratories, Inc...

EU Investigates Google

Posted on November 30, 2010
Google is reportedly being investigated by the EU for abusing its alleged dominat market position. The AP (via the Washington Post) reports: European Union regulators will investigate whether Google Inc. has abused its dominant position in the online search market by deliberately lowering links to smaller rivals’ sites in its search results...

?New? Website For DOJ?s Antitrust Division

Posted on November 29, 2010
For what it is worth, and it may not be worth much, the Antitrust Division has a redesigned website. The changes, alas, appear to be cosmetic only and it now matches most (all?) of the main justice website. And it appears to load slower than it previously loaded...

8th Circuit on InBev Acquisition of Anheuser-Busch

Posted on October 27, 2010
Hot off the press: the United States Court of Appeals issued an opinion today affirming the district court’s dismissal of consumers’ complaint seeking an injunction/divestiture. Interestingly, the court upheld the dismissal on the grounds that because “Plaintiffs? only available remedy is barred as a matter of law” the “judgment dismissing their Complaint at this stage [...

The Antitrust Source on the Horizontal Merger Guidelines

Posted on October 22, 2010
The new edition of The Antitrust Source is out and it focuses on the new horizontal merger guidelines. The articles are: The Revised Horizontal Merger Guidelines: Can the Courts Be Persuaded? By Leah Brannon and Kathleen Bradish Will the New Guidelines Clarify or Obscure Antitrust Policy? By Dennis W...

DOJ Sues BCBS Michigan over MFN Clauses

Posted on October 19, 2010
On Monday, the Department of Justice filed suit against Blue Cross Blue Shield of Michigan (BCBSM) alleging that Most Favored Nation (MFN) “clauses in its contracts with hospitals have caused hospitals to increase their prices to BCBSM’s competitors and insulated BCBSM from competition...

Antitrust Review on Twitter

Posted on October 10, 2010
You can now follow Antitrust Review on Twitter. Going forward, we will only tweet links to new posts and, in rare instances, breaking news. Share on Facebook

American Express, Visa, MasterCard and Antitrust

Posted on October 05, 2010
Yesterday, the Department of Justice annouced that it had been investigating, Visa, MasterCard and American Express for imposing rules that “prevent merchants from offering consumers discounts, rewards and information about card costs, ultimately resulting in consumers paying more for their purchases...

Ch-ch-ch-ch-Changes, to Quote David Bowie

Posted on September 28, 2010
There will be some changes coming to Antitrust Review in the near future. As family, work and life in general have changed for all of us over the last year we have not been blogging a lot. And, even worse, we let our RSS feed break. But don’t worry, we’re still here...

House Passes Bill Prohibitting Reverse Payment Patent Settlements

Posted on July 02, 2010
The House passed H.R. 4899 yesterday which prohibits reverse payment patent (or pay to delay as the FTC likes to call them) settlements. Bloomberg reports: Companies could be fined under the measure if the FTC and courts find they are involved in settlements that preserve a brand-name pharmaceutical firm?s patent by delaying a generic- drug [...

USDA Proposes New Antitrust Regulations For Meatpackers

Posted on June 21, 2010
On Friday, June 18, the U.S. Department of Agriculture proposed new regulations that would make it easier for farmers to prove an antitrust violation. According to the AP: Farmers who now sue under the act must show a company has not only harmed them but that it has hurt competition in the overall meat industry, [...

FTC Permits Google/AdMob Deal to Proceed

Posted on May 21, 2010
After rumors that the FTC would move to block Google’s acquisition of the mobile advertising provider AdMob, the agency today announced that it would not oppose the deal. In a 5-0 Commission vote, the decided to close the investigation. The biggest factor, it appears, was Apple’s entry through the acquisition of Quattro, a competitor of [...

The Sharing of Hospital ?Cost? Data

Posted on May 19, 2010
About a month ago, DOJ said “it [would] not challenge a proposal by the Hospital Value Initiative (HVI) to establish an information exchange program that will provide data on the relative costs and resource efficiency of more than 300 hospitals in California...

Looking for a job? In New York City? DOJ?s Antitrust Division Is Hiring.

Posted on May 19, 2010
DOJ is looking for someone to fill the position of chief of its New York field office. More details on the department’s website. Share on Facebook

On The Move: John (?Jack?) Fornaciari, Robert Disch & Jeremy Keim

Posted on May 19, 2010
Congratulations to John (?Jack?) Fornaciari, Robert Disch & Jeremy Keim who have joined Baker Hostetler from Sheppard, Mullin, Richter & Hampton (via The BLT). Share on Facebook

Antitrust News And Notes

Posted on May 04, 2010
I leave town for a few days for some running and camping and there are developments all over the place. The U.S. Court of Appeals for the Second Circuit upheld the dismissal in Cipro (a reverse payment patent settlement case) but invited en banc review...

Antitrust News And Notes

Posted on April 02, 2010
Bloomberg (via Sf. Chron) reports that at least five states (CA, NY, FL, OR and WA) are involved in the review of the NBC-Comcast merger. The court dismissed the last two claims brought by Novell against Microsoft. The NY Times reports that John Doerr left [...

Reverse Payment Settlement Ban Struck From Health Care Bill

Posted on March 18, 2010
The BLT (The Legal Times’ blog) reports that a provision banning such settlement was struck from the House bill (it was not in the Senate version): The measure, which was backed by the Federal Trade Commission, would in most cases have barred so-called “pay for delay” settlements of patent cases brought by generic companies against brand-name [...

Hovenkamp on the FTC?s Case Against Intel

Posted on February 23, 2010
Herbert Hovenkamp has posted a paper on SSRN regarding the FTC’s case against Intel (via the Antitrust & Competition Policy Blog). From the abstract: One important concern that arises when the FTC reaches beyond the Sherman Act is that the remedy itself not be contrary to the consumer welfare goals of the antitrust laws...

Antitrust News & Notes

Posted on February 02, 2010
D.O.J. “is considering whether to investigate the BCS under the antitrust laws.” The Wall Street Journal reports that even though the FTC and DOJ may want to bring more antitrust cases they are hindered from doing so becuase case law is against them...

Ticketmaster ? Live Nation Merger Approved With Conditions

Posted on January 26, 2010
DOJ approved the merger with some conditions. The Wall Street Journal reports: Under the concessions demanded by the DOJ, Ticketmaster’s Paciolan division, which sells tickets to college sporting events, is to be sold to a unit of Comcast. The merged company also is barred from retaliating against venue operators that want to use ticketing services from [...

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