The Legal Intelligencer | Commentary
By Carl W. Hittinger and Michael E. Neminski | August 5, 2024
The decisions by the U.S. District Court for the Northern District of Texas and the U.S. District Court for the Eastern District of Pennsylvania were in direct conflict. The conflicting decisions created even more uncertainty regarding whether the FTC has the power to issue substantive rules preventing unfair methods of competition.
By Kat Black | August 2, 2024
Federal antitrust laws could have tripled the damages to more than $14 billion if the verdict, which held that the NFL violated the Sherman Act by conspiring to inflate the price of its "Sunday Ticket" streaming service, had been sustained.
By Maydeen Merino | August 2, 2024
"This lawsuit is based on the false premise that iPhone's success has come not through building a superior product that consumers trust and love, but through Apple's intentional degradation of iPhone to block purported competitive threats," the tech giant stated.
By Maydeen Merino | August 1, 2024
"We want to make sure that major businesses are not exploiting their power to inflate prices for American families at the grocery store," Khan said.
Corporate Counsel | Expert Opinion
By Corey Roush and Bill Mariano | August 1, 2024
The Supreme Court's decision to overturn the Chevron doctrine marks a significant shift for all areas of administrative law. For in-house counsel, the change promises the potential to start rebalancing power between industry and regulators. One regulatory area in which in-house counsel may feel the immediate impact of this unpredictability is antitrust enforcement. The overturning of Chevron could make the already complex world of Hart-Scott-Rodino (HSR) pre-merger notification even more unpredictable.
By Maria Dinzeo | July 30, 2024
Competition regulators took notice when a faulty software update from CrowdStrike, a major player in the cybersecurity industry, took down Windows systems all over the world. FTC Chair Lina Khan called it another example of "how concentration can create fragile systems."
By Maydeen Merino | July 26, 2024
"There's global regulatory remorse over failing to step in to prevent deals or to address conduct that occurred in the earlier stages of other digital markets like social media and online advertising," said antitrust attorney Kathleen O'Neill.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | July 25, 2024
This article considers what deference the FTC actually enjoyed under 'Chevron', what that deference might look like now that 'Chevron' has been overturned, and what other legal grounds the FTC is likely to invoke to support its competition rulemaking authority moving forward.
By Randy D. Gordon | July 25, 2024
"The complaint is not just that a reversal in law undermines the law's stability, but that it's unfair to participants standing on one side of the decision line," writes Randy D. Gordon.
By Linda A. Thompson | July 24, 2024
The revolving door from the European Commission to Brussels-based law firms has frequently stirred controversy, but the revolving door from law firms to one of the world's top antitrust enforcers has received much less attention.
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