Gordon Schnell

March 27, 2002 | New York Law Journal

W hat qualifies as a so-called "4(c) document" under the premerger notification reporting requirements of the Hart-Scott-Rodino Act (HSR Act)? 1 It is a question that for close to a quarter-century has confounded parties submitting HSR filings. However, thanks to its recent and unprecedented enforcement action against Hearst Corporation, the government has made this antitrust puzzle a lot easier to figure out: just empty your files or else.

By Gordon Schnell

10 minute read

December 05, 2007 | New York Law Journal

Gordon Schnell, a partner at Constantine Cannon, writes that everyone understands what the Supreme Court was trying to accomplish with Twombly: unleash the lower courts to rid the system of frivolous filings. A worthy goal indeed. However, no one seems to understand how far the courts can go in exercising this newfound power. So instead of merely reining in what was a perhaps overextended pleading threshold, Twombly has invited to judges to dispose of cases they just don't like.

By Gordon Schnell

11 minute read

September 09, 2005 | Corporate Counsel

With the New York indictment of James Zimmerman, the former head of Federated Department Stores, the retail industry has received a stark wake-up call on the risks associated with exclusive dealing. The area where exclusivity can lead to trouble is when it becomes the centerpiece of a directed effort by a group of retailers or suppliers to suppress competition. The trick for retailers is to make sure their arrangements fall outside of the purview of per se antitrust review.

By Gordon Schnell

9 minute read

October 12, 2005 | New York Law Journal

Gordon Schnell, a partner at Constantine Cannon, discusses Pfizer's plan to submit its unique new cholesterol drug for FDA approval only in combination with another of its drugs, thereby protecting the latter from competition. However, the deference most courts give to the FDA to regulate the manner in which drugs are sold would likely immunize Pfizer from antitrust liability over this tying arrangement, creating a regulatory loophole for the pharmaceutical industry.

By Gordon Schnell

11 minute read