September 12, 2018 | New York Law Journal
State Attorneys General and Their Influence on Merger EnforcementAlthough the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are the principal merger enforcers in this country, state attorneys general (state AGs) can, and often do, play a major role in merger review as well.
By Shepard Goldfein and Karen Hoffman Lent
8 minute read
August 13, 2018 | New York Law Journal
A Focus on Price: Antitrust in the Kavanaugh EraIn their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent discuss Judge Brett Kavanaugh's doctrinal preferences regarding antitrust law.
By Shepard Goldfein and Karen Hoffman Lent
8 minute read
July 09, 2018 | New York Law Journal
New Antitrust Regulators and New MarketsIn their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent ask whether current approaches to antitrust review are effective in protecting competition, in view of the prevalence two-sided markets and “big data.”
By Shepard Goldfein and Karen Hoffman Lent
1 minute read
June 11, 2018 | New York Law Journal
No-Poaches and Non-Competes: Democrats' Proposed Legislation Places Employment Practices in Antitrust CrosshairsShepard Goldfein and Karen Hoffman Lent discuss Democrats' specific proposals regarding the application of antitrust law to employment issues, in this Antitrust Trade and Practice column.
By Shepard Goldfein and Karen Hoffman Lent
8 minute read
May 07, 2018 | New York Law Journal
SCOTUS Hears Arguments on Vitamin C ConspiracyAntitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent discuss a case in which the U.S. Supreme Court recently heard oral argument. The court's decision will help clarify whether the Sherman Act can be used to police anticompetitive behaviors that were supposedly compelled by foreign law.
By Shepard Goldfein and Karen Hoffman Lent
8 minute read
April 09, 2018 | New York Law Journal
AT&T/Time Warner: How Judge Leon's Experience in 'Comcast/NBCU' May Shape the TrialIn their Antitrust Trade and Practice column, Shepard Goldfein and Karen Hoffman Lent continue their discussion of the DOJ's suit to block AT&T/DirecTV's proposed acquisition of Time Warner. At the approximate midpoint of the trial, they return to consider how a vertical mega-merger from a few years ago—and a familiar face from that case—may provide some clues of what is to come.
By Shepard Goldfein and Karen Hoffman Lent
9 minute read
March 12, 2018 | New York Law Journal
Recent Developments in State Action ImmunityAntitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: After the U.S. Supreme Court issued decisions in 2012 and 2015 heightening judicial scrutiny of state action immunity, bipartisan efforts at both the state and federal levels have emerged in an attempt to minimize the potential for misuse of state action immunity, particularly among state professional licensing boards. With the Supreme Court set to hear oral arguments this month in yet another case involving state action immunity, further reform may be on the horizon.
By Shepard Goldfein and Karen Hoffman Lent
9 minute read
February 09, 2018 | New York Law Journal
The Supreme Court Takes on Two-Sided MarketsAntitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: 'Ohio v. American Express' is an opportunity for the U.S. Supreme Court to clarify how to assess two-sided markets under the rule of reason. The potential magnitude of the ruling and its impact on markets and individuals warrant keeping an eye on oral arguments later this month.
By Shepard Goldfein and Karen Hoffman Lent
7 minute read
January 08, 2018 | New York Law Journal
Antitrust Yearly Wrap-Up: New Administration, Same Enforcement?Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: Though many predicted the antitrust administration under a Republican president would be characterized by less activity and enforcement, 2017 was a busy year for both the Department of Justice's Antitrust Division (DOJ) and the Federal Trade Commission (FTC).
By Shepard Goldfein and Karen Hoffman Lent
10 minute read
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