Kenneth Schwartz

September 16, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: Antitrust treatment of wage-fixing agreements and information exchanges amongst employer competitors may soon re-enter the spotlight, coming out of the shadows of its cousin, the more extensively covered no-poach agreement.

By Karen Hoffman Lent and Kenneth Schwartz

8 minute read

August 12, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: The Justice Department’s new policy of considering robust compliance programs in its charging decisions reflects a recognition of the increased time and resources that companies have invested in compliance programs and further encourages companies to maintain robust compliance programs.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

July 08, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: Last month, the DOJ announced its plans to review two music licensing antitrust consent decrees which have been in place, in some shape or form, for almost 80 years. Due to the newly-initiated review, the competitive mechanisms that dictate how music is broadcasted, streamed or played live could soon drastically change.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

June 10, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: On May 21, California federal judge Lucy Koh ordered a sweeping injunction against cellphone chipmaker Qualcomm, requiring the company to renegotiate its licenses and alter its business model. The case was long-anticipated to have a significant impact on intellectual property law and the technology industry by clarifying the obligations of standard essential patent holders to license their technology on fair terms and deal with competitors. It has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

May 13, 2019 | New York Law Journal

Antitrust Trade and Practice columnists Karen Hoffman Lent and Kenneth Schwartz discuss retrospective merger studies, which have observed adverse merger effects within the airline, hospital, and consumer goods industries, and which suggest that more retrospective studies could provide insight into improving the prospective merger review process. As these past studies show, however, merger retrospectives are subject to a slew of issues regarding feasibility, methodology, and costs, which—taken separately or collectively—could lead to misleading or conflicting results.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

April 08, 2019 | New York Law Journal

Antitrust Trade and Practice columnists Karen Hoffman Lent and Kenneth Schwartz present highlights from the American Bar Association's 67th Antitrust Spring Meeting, featuring panels on a wide range of topics from agency updates with the DOJ and FTC to pharmaceutical innovation. They hone in on agency perspectives articulated throughout the panels as well as hot topics in private litigation.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

March 11, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: While precise standards for vertical merger enforcement in the United States remain unclear, recent enforcement and agency statements provide a number of key takeaways and areas for potential government focus.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

February 08, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz take a look the DOJ's Antitrust Division's continued effort to ramp up its private litigation amicus program after it vowed to be more involved in antitrust enforcement over all.

By Karen Hoffman Lent and Kenneth Schwartz

13 minute read

January 07, 2019 | New York Law Journal

Antitrust Trade and Practice columnists Karen Hoffman Lent and Kenneth Schwartz write: Matching expectations, 2018 was an active year filled with contentious merger reviews, increased civil/criminal enforcement actions, and pivotal policy shifts. Here's what to remember about 2018 and what to expect in 2019.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read