Carl W. Hittinger

Carl W. Hittinger

December 09, 2024 | The Legal Intelligencer

Bondi and Big Tech: What Trump's Choice for US AG Could Mean for Antitrust Enforcement

The last time the Republicans had such control was from 2017 to 2019. Among conservatives, however, there has been a divergence on the role of the antitrust laws. Some prefer a softened approach to antitrust enforcement while others, colloquially referred to as “Khanservatives,” agree with the more aggressive antitrust enforcement characteristic of the whole-of-government approach deployed by the Biden administration and Federal Trade Commission Chair Lina Khan.

By Carl W. Hittinger and Andrew J. Martin

7 minute read

August 05, 2024 | The Legal Intelligencer

District Courts Split on FTC's Authority to Issue Noncompete Rule

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 Carl W. Hittinger and Michael E. Neminski

5 minute read

March 25, 2024 | The Legal Intelligencer

President Biden's New Strike Force on Unfair and Illegal Pricing

The strike force's launch is to continue the efforts of the president's Competition Council, which was established "to work across agencies to provide a coordinated response to overconcentration, monopolization, and unfair competition in or directly affecting the American economy."

By Carl W. Hittinger and Ayanna Brown

5 minute read

March 04, 2024 | The Legal Intelligencer

Federal Appellate Court Narrows Scope of Per Se Rule

Although the DOJ may still seek U.S. Supreme Court review of the Fourth Circuit's decision, if upheld the decision represents a significant restriction on the DOJ's prosecutions for alleged collusive conduct between parties when there is any type of vertical business relationship present.

By Carl W. Hittinger and Justin P. Murphy

7 minute read

November 28, 2023 | The Legal Intelligencer

Biden's Executive Order on AI: Antitrust Considerations Raised

In the wide-ranging AI executive order, the White House provides a road map for its policy positions and administrative priorities with respect to the rapidly developing and expanding advent of artificial intelligence.

By Carl W. Hittinger and Jeffrey E. Liskov

5 minute read

September 29, 2023 | The Legal Intelligencer

DOJ and FTC Using New Weapons to Attack Antitrust Conduct

While the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing alternative methods to pursue alleged monopolistic conduct.

By Carl W. Hittinger and Michael Neminski

4 minute read

July 24, 2023 | The Legal Intelligencer

Third Circuit Upholds Sugar Merger Over DOJ's Objection

In Philadelphia, the U.S. Court of Appeals for the Third Circuit upheld a September 2022 ruling by U.S. District Judge Maryellen Noreika of the District of Delaware allowing Florida-based U.S. Sugar Corp. to buy financially troubled Imperial Sugar Co.

By Carl W. Hittinger and Alyse F. Stach

5 minute read

May 30, 2023 | The Legal Intelligencer

DOJ Continues Losing Streak in Misguided Push to Criminally Punish No-Poach Violations

Despite the lopsided number of unfavorable outcomes to date, the DOJ has remained undeterred in its mission to criminally punish "naked" no-poach agreements.

By Carl W. Hittinger and Andrew J. Martin

7 minute read

March 24, 2023 | The Legal Intelligencer

DOJ to Scrutinize Personal Device, Corporate Chat Policies of Investigation Targets

Companies would be wise to review their personal device and corporate chat preservation policies and ensure they have the ability to preserve such information in the event of a government investigation or civil antitrust litigation.

By Carl W. Hittinger and Alyse F. Stach

6 minute read

February 24, 2023 | The Legal Intelligencer

FTC Launches Office of Technology to Keep Pace With Evolving Digital Economy

Its creation and dramatic launch and mandate send an unmistakable signal: FTC scrutiny of technology firms and digital markets is a continuing reality, and the agency's attention to that industry sector in particular shows no signs of waning or abating.

By Carl. W. Hittinger and Matt Schock

6 minute read