March 27, 2020 | The Legal Intelligencer
Gouging, Fixing, Rigging, Allocating: Avoiding Antitrust Risk in Wake of COVID-19The COVID-19 crisis has quickly upended typical supply and demand. Businesses can face increased antitrust risk as they struggle to continue operations, and they can expect federal and state authorities to be paying close attention.
By Carl W. Hittinger and Ann O'Brien
11 minute read
February 28, 2020 | The Legal Intelligencer
The Need for Special Masters in Complex Antitrust CasesThe ABA resolution advises the bench and bar that utilization of special masters has evolved over the last 50 years from the rare exception to a commonplace tool to manage complex litigation, including antitrust cases.
By Carl W. Hittinger and Tyson Y. Herrold
11 minute read
January 24, 2020 | The Legal Intelligencer
When Routine Merger Review Opened More Than a Can of TunaThe shelf-stable tuna industry has been decidedly unstable behind the shelves. In 2014, two of the "big three" industry leaders—Bumble Bee Foods and Chicken of the Sea—announced a proposed merger that would have swamped the then-industry leader StarKist.
By Carl W. Hittinger and Alyse F. Stach
6 minute read
November 27, 2019 | The Legal Intelligencer
Proposed Merger Moratoriums in Big Tech and Antitrust LawsOn Nov. 13, House lawmaker Rep. David Cicilline, who has been leading the investigation into tech competition, suggested a new tactic to prevent major Silicon Valley firms from making acquisitions—a merger moratorium until the federal government's top two antitrust enforcers are finished with their own probes into the tech sector.
By Carl W. Hittinger and Jeanne-Michele Mariani
6 minute read
November 01, 2019 | The Legal Intelligencer
The Presidential Pardon Power and Antitrust LawsThe decision to pardon Zay Jeffries, who went on to receive numerous accolades in the scientific field, is an example of the immense power behind the presidential pardon.
By Carl W. Hittinger and Jeanne-Michele Mariani
8 minute read
October 04, 2019 | The Legal Intelligencer
Antitrust Agency Turf War Over Big Tech InvestigationsThe Federal Trade Commission and the Department of Justice have found themselves under the microscope as calls for antitrust investigations into "Big Tech" companies escalate.
By Carl W. Hittinger and Tyson Y. Herrold
10 minute read
September 09, 2019 | The Legal Intelligencer
Does Section 2 of the Sherman Antitrust Act Need More Bite?Last month, they introduced the Monopolization Deterrence Act, which would allow the Justice Department and the Federal Trade Commission to seek civil penalties for monopolization offenses under U.S. antitrust law.
By Carl W. Hittinger and Jeanne-Michele Mariani
8 minute read
July 26, 2019 | The Legal Intelligencer
Is Big Chicken Cooked? DOJ Intervenes in Price-Fixing InvestigationPork is the other white meat, beef is what's for dinner, and chicken is now under investigation by the Department of Justice for possible antitrust violations. Looks like the DOJ is back in the criminal cartel investigation business.
By Carl W. Hittinger and Jeanne-Michele Mariani
6 minute read
May 31, 2019 | The Legal Intelligencer
Third Circuit Judge Dolores K. Sloviter's Antitrust LegacyJudge Dolores K. Sloviter of the U.S. Court of Appeals for the Third Circuit retired in 2016, leaving behind a remarkable legacy. As a member of the bench for nearly 40 years, Sloviter's contribution to the Third Circuit's jurisprudence bridges the expanse of the court's jurisdiction.
By Carl W. Hittinger and Tyson Y. Herrold
8 minute read
May 08, 2019 | The Legal Intelligencer
Antitrust Division's Renewed Focus on Bid Rigging Promises to Be PerilousNow that car parts and auction cartel prosecutions are winding down and the transition to the new Trump Department of Justice and Antitrust Division has finally ended, the DOJ's Antitrust Division has vowed to continue criminal cartel investigations and prosecutions.
By Carl W. Hittinger and Jeanne-Michele Mariani
6 minute read