Kenneth Schwartz

May 11, 2020 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss how authorities worldwide have altered longstanding practices in a desire to spur innovation and alleviate supply issues resulting from the pandemic. However, they warn that the shift in regulator posture should not be misunderstood as an abandonment traditional competition law principles, but rather a necessary and strategic change to prevent additional problems arising from the pandemic.

By Karen Hoffman Lent and Kenneth Schwartz

13 minute read

April 13, 2020 | New York Law Journal

Widespread reports of price gouging following the COVID-19 outbreak have brought price-gouging regulation back into focus. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss how state and federal officials have begun taking measures to combat it.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

March 09, 2020 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss the FTC's petition for certiorari currently pending at the Supreme Court relating to Ninth Circuit decisions concerning §13(b) of the Federal Trade Commission Act.

By Karen Hoffman Lent and Kenneth Schwartz

13 minute read

February 10, 2020 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss the Draft Vertical Merger Guidelines, newly released by the Department of Justice and the FTC, which aim to increase "the transparency of the analytical process underlying the agencies' enforcement decisions" for mergers between firms at different levels of the supply chain.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

January 13, 2020 | New York Law Journal

Antitrust enforcement in numerous industries was robust in 2019. Aggressive and unexpected actions made headlines and proved that parties need to be prepared to meet any potential antitrust obstacles. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz recap the major events of 2019 and the issues to watch for in 2020.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

December 09, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss the legal implications stemming from the DOJ's decision to ask a federal district court to terminate the Paramount Consent Decrees, a set of rules governing major film studios for the last 70 years.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

November 08, 2019 | New York Law Journal

There may be legal grounds for federal antitrust agencies to bring enforcement actions aimed at large mergers that did not receive regulatory scrutiny at the time of the transaction, but structural and procedural issues inherent in unwinding established mergers make the prospect of significant regulatory action unlikely. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write that, nevertheless, any increase in retroactive enforcement of large mergers would mark a break in past practice and may have significant implications for the future of merger review.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

October 07, 2019 | New York Law Journal

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: The emergence of arbitration as an alternative to litigation raises questions about its proper mechanisms and its potential impact on the merger review process.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

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