Kenneth Schwartz

April 12, 2021 | New York Law Journal

In this edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss two recent steps enforcement agencies have taken to address competition in the pharmaceutical industry—the recently announced multi-jurisdictional Working Group and the 6(b) Order issued to six health insurance companies by the Federal Trade Commission.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

March 08, 2021 | New York Law Journal

The temporary suspension of early termination has sent a shockwave through the business and legal community. The FTC and DOJ's joint announcement was unprecedented, unexpected and its effects are only starting to be realized. Will this move be a sign of broader changes to come from the new administration or a temporary move that will soon be forgotten? Karen Hoffman Lent and Kenneth Schwartz discuss in this edition of their Antitrust Trade and Practice column.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

February 08, 2021 | New York Law Journal

As the Biden administration sets its antitrust policy agenda, will their choices have a transformative effect on antitrust policy—or just continue the status quo? Karen Hoffman Lent and Kenneth Schwartz explore the issue in this edition of their Antitrust Trade and Practice column.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

January 11, 2021 | New York Law Journal

Enforcement remained highly active in 2020, especially by the FTC, which filed more merger challenges than in any year since 2001. In this edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz review major events of 2020 and identify issues to watch in 2021.

By Karen Hoffman Lent and Kenneth Schwartz

14 minute read

December 07, 2020 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss 'U.S. v. Novelis et al.' and other developments. Practitioners should understand how arbitration was used in 'Novelis' and how the Division is likely to use it in the future.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

November 09, 2020 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write that there is disagreement among the circuits regarding whether the co-conspirator exception to Illinois Brick is limited to just vertical price-fixing cases (the "narrow interpretation"), or whether the exception applies to any kind of vertical anticompetitive conduct (the "broad interpretation"), and the Supreme Court just last week declined to review a case that could have resolved the issue.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

October 13, 2020 | New York Law Journal

On Sept. 3, the Antitrust Division of the Department of Justice (DOJ) released the Merger Remedies Manual (the manual), which provides guidance on…

By Karen Hoffman Lent and Kenneth Schwartz

13 minute read

September 04, 2020 | New York Law Journal

Karen Hoffman Lent and Kenneth Schwartz, in their column on Antitrust Trade and Practice, discuss Axon Enterprise and how the company argued that it should not be precluded from bringing constitutional claims challenging the FTC's structure and administrative processes in federal court.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

August 10, 2020 | New York Law Journal

Karen Hoffman Lent and Kenneth Schwartz, in their column on Antitrust Trade and Practice, contextualize ACPERA as a tool in the DOJ's arsenal and examine its efficacy and potential reforms.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

July 13, 2020 | New York Law Journal

In this edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss three administrative complaints filed by the FTC in the last year challenging transaction-related noncompete agreements.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read