July 13, 2020 | New York Law Journal
Transaction-Related Noncompete Agreements Face FTC FireIn this edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss three administrative complaints filed by the FTC in the last year challenging transaction-related noncompete agreements.
By Karen Hoffman Lent and Kenneth Schwartz
10 minute read
June 08, 2020 | New York Law Journal
'Business as Usual' at the FTC: FTC Commissioner Wilson on COVID-19, AbbVie/Allergan and MoreIn edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz present their conversation with FTC Commissioner Christine Wilson, in which she offered her thoughts on a wide array of topics, ranging from the proposed merger moratorium and price-gouging legislation to the recent AbbVie/Allergan consent agreement and beyond.
By Karen Hoffman Lent and Kenneth Schwartz
15 minute read
May 11, 2020 | New York Law Journal
Regulators Adopt a Strategic Posture in Response to COVID-19In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss how authorities worldwide have altered longstanding practices in a desire to spur innovation and alleviate supply issues resulting from the pandemic. However, they warn that the shift in regulator posture should not be misunderstood as an abandonment traditional competition law principles, but rather a necessary and strategic change to prevent additional problems arising from the pandemic.
By Karen Hoffman Lent and Kenneth Schwartz
13 minute read
April 13, 2020 | New York Law Journal
Anti-Price-Gouging Enforcement in the Age of COVID-19Widespread reports of price gouging following the COVID-19 outbreak have brought price-gouging regulation back into focus. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss how state and federal officials have begun taking measures to combat it.
By Karen Hoffman Lent and Kenneth Schwartz
11 minute read
March 09, 2020 | New York Law Journal
FTC's Power To Seek Money Damages Called Into QuestionIn their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss the FTC's petition for certiorari currently pending at the Supreme Court relating to Ninth Circuit decisions concerning §13(b) of the Federal Trade Commission Act.
By Karen Hoffman Lent and Kenneth Schwartz
13 minute read
February 10, 2020 | New York Law Journal
Draft Guidelines Better Reflect Current Vertical Merger PracticeIn their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss the Draft Vertical Merger Guidelines, newly released by the Department of Justice and the FTC, which aim to increase "the transparency of the analytical process underlying the agencies' enforcement decisions" for mergers between firms at different levels of the supply chain.
By Karen Hoffman Lent and Kenneth Schwartz
12 minute read
January 13, 2020 | New York Law Journal
Antitrust Yearly Wrap-Up: Tech and Telecom in the SpotlightAntitrust enforcement in numerous industries was robust in 2019. Aggressive and unexpected actions made headlines and proved that parties need to be prepared to meet any potential antitrust obstacles. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz recap the major events of 2019 and the issues to watch for in 2020.
By Karen Hoffman Lent and Kenneth Schwartz
12 minute read
December 09, 2019 | New York Law Journal
The DOJ Moves To Terminate the Paramount Consent Decrees: Is This the End of the Movie Industry as We Know It?In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss the legal implications stemming from the DOJ's decision to ask a federal district court to terminate the Paramount Consent Decrees, a set of rules governing major film studios for the last 70 years.
By Karen Hoffman Lent and Kenneth Schwartz
10 minute read
November 08, 2019 | New York Law Journal
FTC Indicates Interest in Enforcement Aimed at Consummated Mergers, Despite Inherent Structural DifficultiesThere may be legal grounds for federal antitrust agencies to bring enforcement actions aimed at large mergers that did not receive regulatory scrutiny at the time of the transaction, but structural and procedural issues inherent in unwinding established mergers make the prospect of significant regulatory action unlikely. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write that, nevertheless, any increase in retroactive enforcement of large mergers would mark a break in past practice and may have significant implications for the future of merger review.
By Karen Hoffman Lent and Kenneth Schwartz
11 minute read
October 07, 2019 | New York Law Journal
DOJ Invokes Arbitration Option for Merger ReviewIn their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: The emergence of arbitration as an alternative to litigation raises questions about its proper mechanisms and its potential impact on the merger review process.
By Karen Hoffman Lent and Kenneth Schwartz
11 minute read
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