James A Keyte

March 07, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: Antitrust enforcement agencies, including those in the United States and Europe, are taking note of big data, and there is an increasing sense among many that Internet firms' accumulation of personal data will be an issue that enforcers will be examining closely for anticompetitive effects.

By Shepard Goldfein and James A. Keyte

12 minute read

February 09, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write that the FTC is staring down the parties to the proposed Staples-Office Depot merger, overtly relying on the same playbook—alleging a "2-to-1" merger in a national market—that was successful in the Sysco-US Foods merger. But this is really one to watch, should it go the distance, as the antitrust history of mergers in the office supply space is complex and rich.

By Shepard Goldfein and James A. Keyte

12 minute read

December 08, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte review significant developments in antitrust law from the past year, including the FTC's mixed results in litigating merger enforcement actions, the DOJ's criminal enforcement, the release of Section 5 guidance, and more.

By Shepard Goldfein and James A. Keyte

12 minute read

December 07, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte review significant developments in antitrust law from the past year, including the FTC's mixed results in litigating merger enforcement actions, the DOJ's criminal enforcement, the release of Section 5 guidance, and more.

By Shepard Goldfein and James A. Keyte

12 minute read

August 11, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The degree of rigor needed to attain class action certification is a hotly litigated issue in the federal courts these days. On the heels of the U.S. Supreme Court's decision to grant certiorari in 'Bouaphakeo v. Tyson Foods', an outright split among several circuit courts on the ascertainability requirement of FRCP 23 may tee up yet another class certification issue for the Supreme Court to resolve.

By Shepard Goldfein and James A. Keyte

10 minute read

August 10, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The degree of rigor needed to attain class action certification is a hotly litigated issue in the federal courts these days. On the heels of the U.S. Supreme Court's decision to grant certiorari in 'Bouaphakeo v. Tyson Foods', an outright split among several circuit courts on the ascertainability requirement of FRCP 23 may tee up yet another class certification issue for the Supreme Court to resolve.

By Shepard Goldfein and James A. Keyte

10 minute read

February 10, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write that retrospective studies of merger remedy orders provide a wealth of information to the conducting agency, but also give businesses the crucial opportunity to interact informally with agencies as the agencies look to identify the market trends that will inform future policy. A new study's scope suggests that the FTC may be considering changes beyond just the divestiture process.

By Shepard Goldfein and James A. Keyte

11 minute read

February 09, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write that retrospective studies of merger remedy orders provide a wealth of information to the conducting agency, but also give businesses the crucial opportunity to interact informally with agencies as the agencies look to identify the market trends that will inform future policy. A new study's scope suggests that the FTC may be considering changes beyond just the divestiture process.

By Shepard Goldfein and James A. Keyte

11 minute read

January 13, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The year 2014 was an active year in antitrust and competition law, both for governmental enforcement and private litigation. Governmental regulators continued to pursue a pattern of aggressive antitrust enforcement, ranging from merger challenges to criminal investigations. With respect to private litigation, key antitrust concepts continued to play out in federal district and appellate courts regarding the international reach of domestic antitrust law, liability for manipulating global financial benchmarks and the legality of reverse-payment settlement agreements.

By Shepard Goldfein and James A. Keyte

15 minute read

January 12, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The year 2014 was an active year in antitrust and competition law, both for governmental enforcement and private litigation. Governmental regulators continued to pursue a pattern of aggressive antitrust enforcement, ranging from merger challenges to criminal investigations. With respect to private litigation, key antitrust concepts continued to play out in federal district and appellate courts regarding the international reach of domestic antitrust law, liability for manipulating global financial benchmarks and the legality of reverse-payment settlement agreements.

By Shepard Goldfein and James A. Keyte

15 minute read