Carl W Hittinger

November 30, 2022 | The Legal Intelligencer

On Nov. 10, the FTC issued a statement regarding the scope of unfair methods of competition under Section 5 of the Federal Trade Commission Act, purporting to clarify its new enforcement criteria for Section 5 cases.

By Carl W. Hittinger and Justin M. Kadoura

6 minute read

October 07, 2022 | The Legal Intelligencer

The ruling by the U.S. District Court for the Northern District of Illinois is notable because it held that the "568 Exemption," on which many universities' financial aid systems are based, does not provide antitrust immunity unless all participating universities admit their students on a need-blind basis.

By Carl W. Hittinger and Tyson Y. Herrold

6 minute read

July 29, 2022 | The Legal Intelligencer

According to a case filed in the Southern District of New York, a new agreement capping the number of minor league affiliates at 120 is alleged to constitute a group boycott in violation of the Sherman Act Section 1.

By Carl W. Hittinger and Tyson Y. Herrold

5 minute read

June 06, 2022 | The Legal Intelligencer

The FTC is hoping to unearth the factors that have contributed to the consolidation of the baby formula market and the pertinent issues with the supply chains for baby formula.

By Carl W. Hittinger and Julian D. Perlman

6 minute read

April 22, 2022 | The Legal Intelligencer

Almost a year old, Alston's repercussions continue to be felt, far outside of the confines of sports. Its holding has impact even in the world of criminal justice, and it will continue to be front and center with the renewed antitrust focus on labor markets.

By Carl W. Hittinger and Julian D. Perlman

8 minute read

March 08, 2022 | The Legal Intelligencer

Judge Ketanji Brown Jackson, if confirmed, will certainly be personally challenged to follow Justice Stephen Breyer's antitrust legacy. Regardless of Jackson's unclear antitrust views, she should be questioned at her Senate confirmation hearing about them.

By Carl W. Hittinger and Jeanne-Michele Mariani

6 minute read

November 24, 2021 | The Legal Intelligencer

We focus here on the order's recommendations to the Antitrust Division of the Department of Justice and the Federal Trade Commission in particular because the FTC has had a Biden-selected chair for a considerable time. The new head of the Antitrust Division, Jonathan Kanter, just arrived this November.

By Carl W. Hittinger and Marc G. Schildkraut

10 minute read

October 08, 2021 | The Legal Intelligencer

Historically, new presidents often appoint officials that make modest policy changes to antitrust enforcement. President Joe Biden's July 9 executive order on promoting competition in the American economy suggested that the changes coming to antitrust enforcement are far more than modest.

By Carl W. Hittinger and Marc G. Schildkraut

10 minute read

August 16, 2021 | The Legal Intelligencer

Biden's appointments and executive action are apparently rooted in his belief that concentration in certain industries—like pharmaceuticals, agriculture, health care and finance— have hurt consumers and workers and stunted economic growth.

By Carl W. Hittinger and Alyse F. Stach

7 minute read

June 24, 2021 | The Legal Intelligencer

On June 21, the U.S. Supreme Court handed down its decision in NCAA v. Alston, an antitrust case that tested the limits on the NCAA's power to cap compensation to college athletes. The unanimous opinion, written by Justice Neil Gorsuch, begins with a detailed history of the interplay between two colliding forces (revealing the prism through which the court viewed the issues): money and college amateur athletics.

By Carl W. Hittinger and Julian D. Perlman

10 minute read