Elai Katz

December 29, 2022 | New York Law Journal

It is hard to think of another recent merger that has raised more knotty antitrust issues than the Illumina-Grail transaction.

By Elai Katz

9 minute read

August 24, 2020 | New York Law Journal

In his antitrust column, Elai Katz analyzes a recent settlement that highlights two important antitrust policy points.

By Elai Katz

8 minute read

April 30, 2020 | New York Law Journal

In his Antitrust column, Elai Katz writes: During these unprecedented times, assessing likely competitive effects on those markets requires examination and consideration of exceptional momentary conditions. Conduct that may harm competition under normal circumstances may not have the same effect during extraordinary times.

By Elai Katz

8 minute read

December 23, 2019 | New York Law Journal

In his Antitrust column, Elai Katz discusses a recent Second Circuit case that serves as yet another reminder of the crucial role rigorous relevant market analysis plays in antitrust litigation.

By Elai Katz

11 minute read

April 26, 2019 | New York Law Journal

In his Antitrust column, Elai Katz discusses several recent decisions which tackled a fundamental, and sometimes hotly contested, preliminary issue in many antitrust cases—the applicable standard of review for evaluating the legality of a restraint of trade.

By Elai Katz

10 minute read

December 17, 2018 | New York Law Journal

In his Antitrust column, Elai Katz discusses two cases in which federal appellate courts considered whether plaintiffs had garnered sufficient circumstantial evidence—including discussions among competitors—to present antitrust conspiracy claims to a jury. In both cases, the courts of appeals decided that despite the presence of frequent communications among rivals and some parallel conduct, there was not enough evidence of a conspiracy to proceed to trial.

By Elai Katz

9 minute read

August 17, 2018 | New York Law Journal

In his Antitrust column, Elai Katz analyzes the U.S. Supreme Court's recent decision regarding credit card transactions, 'Ohio v. American Express.'

By Elai Katz

8 minute read

June 25, 2018 | New York Law Journal

A federal trial judge rejected the Department of Justice's challenge to AT&T Inc.'s proposed acquisition of Time Warner Inc., denying the government's request to block the proposed merger of a leading communications provider with a major entertainment company.

By Elai Katz

1 minute read

April 23, 2018 | New York Law Journal

Antitrust columnist Elai Katz writes: Federal enforcers have left no doubt that restraints on competition for employees may constitute serious antitrust violations.

By Elai Katz

9 minute read

December 18, 2017 | New York Law Journal

Antitrust columnist Elai Katz writes: Surprising some observers, the new leadership at the Antitrust Division of the Department of Justice has brought a couple of noteworthy merger cases over the last few months.

By Elai Katz

11 minute read