Kenneth Schwartz

December 11, 2023 | New York Law Journal

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

November 13, 2023 | New York Law Journal

A wave of excitement about generative artificial intelligence swept the world recently, and companies have begun utilizing AI throughout their businesses. However, as the technology becomes interwoven throughout commercial operations, AI could potentially raise antitrust risk.

By Karen Hoffman Lent and Kenneth Schwartz

9 minute read

October 18, 2023 | New York Law Journal

Recently, Georgetown Law hosted its 17th Annual Global Antitrust Enforcement Symposium and Fordham Law hosted its 50th Annual Conference on International Antitrust Law and Policy. This article highlights some topics discussed at these events, such as DOJ and FTC draft merger guidelines, merger enforcement and remedies, labor, AI and international enforcer perspectives.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

September 14, 2023 | New York Law Journal

Skadden partners Kenneth Schwartz and Karen Lent interviewed Shaoul Sussman, the FTC's Associate Director for Litigation in the Bureau of Competition, to discuss the FTC's thinking behind the recently released draft merger guidelines.

By Karen Hoffman Lent and Kenneth Schwartz

18 minute read

August 08, 2023 | New York Law Journal

Financial sponsors would be repeatedly subject to these new requirements, some of which would require them to produce closely held information that was not previously shared publicly or with the government.

By Karen Hoffman Lent and Kenneth Schwartz

9 minute read

July 11, 2023 | New York Law Journal

This article explores possible reasons why global antitrust agencies have diverged in their past merger investigation decisions, trends regarding divergence in recent years, and the implications of these trends on merger control moving forward.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

June 01, 2023 | New York Law Journal

The Government Enforcers have alleged that JetBlue and Spirit fiercely compete head-to-head on dozens of routes and a merger would eliminate Spirit—an alleged maverick that has purportedly defied industry coordination to become the fastest-growing "ultra-low-cost carrier" in the United States—thus substantially lessening competition in violation of Section 7 of the Clayton Act.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

May 08, 2023 | New York Law Journal

Introduction/Overview The American Bar Association held its 71st antirust law spring meeting on March 29–31. During the event, enforcers highlighted…

By Karen Hoffman Lent and Kenneth Schwartz

16 minute read

March 13, 2023 | New York Law Journal

The Antitrust Division of the Department of Justice had recently made front page news when it brought a lawsuit against one of the biggest technology companies in the world. Publications like the New York Times marveled at the unusual attention antitrust was getting, noting the "new wave of anti-trustism" that had swept the country.

By Karen Hoffman Lent and Kenneth Schwartz

9 minute read

February 10, 2023 | New York Law Journal

The Proposed Non-Compete Clause Rule would prevent employers from entering into non-compete clauses in employment contracts and would require employers to inform current and former employees that existing non-competes are invalid. It is difficult to overestimate the effect this rule would have on thousands, if not millions, of non-compete agreements in employment contracts today.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read