Shepard Goldfein

Shepard Goldfein

December 10, 2018 | New York Law Journal

Potential Outcomes of 'Apple v. Pepper'

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent analyze four potential Supreme Court decisions in 'Apple v. Pepper', a case in which a putative class of iPhone owners are suing Apple for monopolizing, or attempting to monopolize, the market for iPhone applications.

By Shepard Goldfein and Karen Hoffman Lent

11 minute read

November 09, 2018 | New York Law Journal

DOJ's Revamped Merger Review Process: A Little Bit of Give and Take

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent outline the DOJ's proposed plan to streamline the DOJ's merger review process and discuss their implications for merging parties and merger review at large.

By Shepard Goldfein and Karen Hoffman Lent

10 minute read

October 05, 2018 | New York Law Journal

Midterm Congressional Legislative Wrap-up: Major Issues and Emerging Priorities

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: Political debates over the future of antitrust policy have become increasingly widespread over the past several months, but the 115th session of Congress will likely conclude without any major antitrust legislation being enacted.

By Shepard Goldfein and Karen Hoffman Lent

9 minute read

September 12, 2018 | New York Law Journal

State Attorneys General and Their Influence on Merger Enforcement

Although the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are the principal merger enforcers in this country, state attorneys general (state AGs) can, and often do, play a major role in merger review as well.

By Shepard Goldfein and Karen Hoffman Lent

8 minute read

August 13, 2018 | New York Law Journal

A Focus on Price: Antitrust in the Kavanaugh Era

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent discuss Judge Brett Kavanaugh's doctrinal preferences regarding antitrust law.

By Shepard Goldfein and Karen Hoffman Lent

8 minute read

July 09, 2018 | New York Law Journal

New Antitrust Regulators and New Markets

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent ask whether current approaches to antitrust review are effective in protecting competition, in view of the prevalence two-sided markets and “big data.”

By Shepard Goldfein and Karen Hoffman Lent

1 minute read

June 11, 2018 | New York Law Journal

No-Poaches and Non-Competes: Democrats' Proposed Legislation Places Employment Practices in Antitrust Crosshairs

Shepard Goldfein and Karen Hoffman Lent discuss Democrats' specific proposals regarding the application of antitrust law to employment issues, in this Antitrust Trade and Practice column.

By Shepard Goldfein and Karen Hoffman Lent

8 minute read

May 07, 2018 | New York Law Journal

SCOTUS Hears Arguments on Vitamin C Conspiracy

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent discuss a case in which the U.S. Supreme Court recently heard oral argument. The court's decision will help clarify whether the Sherman Act can be used to police anticompetitive behaviors that were supposedly compelled by foreign law.

By Shepard Goldfein and Karen Hoffman Lent

8 minute read

April 09, 2018 | New York Law Journal

AT&T/Time Warner: How Judge Leon's Experience in 'Comcast/NBCU' May Shape the Trial

In their Antitrust Trade and Practice column, Shepard Goldfein and Karen Hoffman Lent continue their discussion of the DOJ's suit to block AT&T/DirecTV's proposed acquisition of Time Warner. At the approximate midpoint of the trial, they return to consider how a vertical mega-merger from a few years ago—and a familiar face from that case—may provide some clues of what is to come.

By Shepard Goldfein and Karen Hoffman Lent

9 minute read

March 12, 2018 | New York Law Journal

Recent Developments in State Action Immunity

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: After the U.S. Supreme Court issued decisions in 2012 and 2015 heightening judicial scrutiny of state action immunity, bipartisan efforts at both the state and federal levels have emerged in an attempt to minimize the potential for misuse of state action immunity, particularly among state professional licensing boards. With the Supreme Court set to hear oral arguments this month in yet another case involving state action immunity, further reform may be on the horizon.

By Shepard Goldfein and Karen Hoffman Lent

9 minute read