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Kenneth Schwartz

Kenneth Schwartz

December 12, 2022 | New York Law Journal

FTC Defines Its Expanded View of 'Unfair Methods of Competition'

The FTC has set forth a more aggressive enforcement policy under the Biden Administration than the agency's enforcement policy under President Biden's predecessors.

By Karen Hoffman Lent and Kenneth Schwartz

9 minute read

November 07, 2022 | New York Law Journal

Global Competition Enforcement: Digital Markets and International Coordination

The international community of competition law scholars and regulators have also recognized the pressing need for the members of the global community to come together and meaningfully coordinate their enforcement efforts.

By Karen Hoffman Lent and Kenneth Schwartz

9 minute read

October 07, 2022 | New York Law Journal

Khan and Kanter Show No Signs of Slowing Antitrust Enforcement

It is clear that U.S. regulators are making efforts to expand antitrust enforcement globally and in collaboration with enforcers around the world.

By Karen Hoffman Lent and Kenneth Schwartz

13 minute read

September 12, 2022 | New York Law Journal

State of the States: Antitrust Enforcement Gets More Aggressive

In this edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz review some of the biggest recent case developments from state attorneys general, as well as legislative updates on laws that may introduce new standards in evaluating antitrust cases.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

August 08, 2022 | New York Law Journal

Chicken Executives Acquitted in Third Trial. What Next for the DOJ?

A recent acquittal leads to an interesting crossroads for the Biden Administration, which has been clear on its strong antitrust enforcement agenda, and now may have to adjust enforcement strategy following the loss.

By Karen Hoffman Lent and Kenneth Schwartz

8 minute read

July 11, 2022 | New York Law Journal

Biden Administration Withdraws Trump-Era Policy on Standard-Essential Patents Enforcement in Favor of a 'Case-by-Case' Approach

Following the withdrawal, major sectors of the economy are left without any formal guidance on how the DOJ, the USPTO, and the NIST will treat issues concerning industry essential patents in the coming months. It appears as though uncertainty surrounding the future of Standard Essential Patent enforcement will continue in the Biden administration.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

June 16, 2022 | New York Law Journal

The Rise of Antitrust Enforcement in Residential Real Estate: Challenging the Practices of Multiple Listing Services

At least three rules—commission sharing, "clear cooperation policies" and Internet data exchange rules—are being challenged in federal courts today because they allegedly distort home prices and deprive home buyers and sellers of non-MLS alternatives.

By Karen Hoffman Lent and Kenneth Schwartz

8 minute read

May 09, 2022 | New York Law Journal

Expect Aggressive Antitrust Enforcement and Novel Theories

Based on the events that featured representatives from the enforcement agencies, it was clear that the DOJ and FTC have been attempting to meet the Biden administration's progressive antitrust agenda.

By Karen Hoffman Lent and Kenneth Schwartz

8 minute read

April 11, 2022 | New York Law Journal

Antitrust Enforcers Announce Supply Chain Initiative

The initiative is yet another example of the Biden Administration's aggressive approach to antitrust enforcement since inauguration.

By Karen Hoffman Lent and Kenneth Schwartz

8 minute read

March 07, 2022 | New York Law Journal

Agency Perspectives on the Merger Guidelines Review

However the merger guidelines are revised later this year, it seems likely that transactions, especially those in newly emerging digital markets, and those that threaten to harm workers, will likely face more vigorous enforcement activity.

By Karen Hoffman Lent and Kenneth Schwartz

9 minute read