Kenneth Schwartz

Kenneth Schwartz

September 10, 2024 | New York Law Journal

Deal or No Deal? Anticipating Antitrust Under the Next Administration

"The most significant daylight between Trump and Harris competition policy may center on Big Tech enforcement," write Karen Hoffman Lent and Kenneth Schwartz.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

August 26, 2024 | New York Law Journal

Antitrust Criminal Update: Adventures in Cartel Enforcement

"While many of the DOJ's recent cartel prosecutions have faltered, the July verdict in 'Evans Concrete' could signal a shift in the DOJ's fortunes," write Karen Hoffman Lent and Kenneth Schwartz.

By Karen Hoffman Lent and Kenneth Schwartz

8 minute read

July 25, 2024 | New York Law Journal

The Future Is Loper Bright: A Brief Examination of the FTC's Competition Rulemaking Authority in the Post-'Chevron' Era

This article considers what deference the FTC actually enjoyed under 'Chevron', what that deference might look like now that 'Chevron' has been overturned, and what other legal grounds the FTC is likely to invoke to support its competition rulemaking authority moving forward.

By Karen Hoffman Lent and Kenneth Schwartz

14 minute read

June 10, 2024 | New York Law Journal

Increased Antitrust Scrutiny Is the Fashion Industry's Newest Trend

While fashion has always been about being on trend, there has been a notable trend of increased antitrust scrutiny of the fashion sector. Two recent antitrust lawsuits in the United States both target alleged anticompetitive behavior in this industry.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

May 13, 2024 | New York Law Journal

ABA's 2024 Antitrust Spring Meeting: Key Topics and Takeaways

This article highlights the overarching themes from the American Bar Association's 2024 Antitrust Spring Meeting, including emerging technology, agency enforcement and prevailing competitive concerns.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

April 11, 2024 | New York Law Journal

No More Safety Under the Radar: Antitrust Enforcement Against Roll-ups and Serial Acquisitions

The FTC and DOJ are geared up to investigate and challenge serial acquisitions or roll-ups by private equtity firms. Many of these transactions have flown "under the radar" because they were below the Hart-Scott-Rodino Act's reporting threshold.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

March 11, 2024 | New York Law Journal

Artificial Intelligence Is Monopolizing the Attention of Regulators and Lawmakers

The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.

By Karen Hoffman-Lent and Kenneth Schwartz

11 minute read

February 12, 2024 | New York Law Journal

Caution, Merging Ahead: The FTC and DOJ's New Merger Guidelines

Following months of anticipation, the FTC and Antitrust Division of the DOJ unveiled their new Merger Guidelines on Dec. 18, 2023. More than 30,000 stakeholders offered input on proposed changes to the Guidelines, which were previously updated in 2010.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

January 08, 2024 | New York Law Journal

Antitrust Yearly Recap: Agency Scrutiny Expands in Scope and Depth

In their Antitrust Trade and Practice Column, Karen Hoffman Lent and Kenneth Schwartz recap the major antitrust events of 2023 and highlight developments to look for in 2024.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

December 11, 2023 | New York Law Journal

Upping the Dosage: Health Care and Pharmaceuticals Antitrust Regulation in 2023

Antitrust developments in the health care and pharmaceutical industries were exceptionally active in 2023. From the FTC's challenge of a merger between Amgen and Horizon Therapeutics, to joint agency withdrawal of well-established health care merger policy statements, to agency interest in pharmacy benefit managers, the authors review some of the most notable antitrust activity in the health care and pharmaceutical industries over the past year.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read