Shepard Goldfein

February 09, 2018 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: 'Ohio v. American Express' is an opportunity for the U.S. Supreme Court to clarify how to assess two-sided markets under the rule of reason. The potential magnitude of the ruling and its impact on markets and individuals warrant keeping an eye on oral arguments later this month.

By Shepard Goldfein and Karen Hoffman Lent

7 minute read

January 08, 2018 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: Though many predicted the antitrust administration under a Republican president would be characterized by less activity and enforcement, 2017 was a busy year for both the Department of Justice's Antitrust Division (DOJ) and the Federal Trade Commission (FTC).

By Shepard Goldfein and Karen Hoffman Lent

10 minute read

December 11, 2017 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the key issues the D.C. District Court is likely to consider in assessing the DOJ's antitrust case against AT&T/Time Warner.

By Shepard Goldfein and James Keyte

12 minute read

November 13, 2017 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: A slew of departures from the two agencies with shared responsibility for federal antitrust enforcement followed the entrance of the new administration into office, presenting President Donald J. Trump with an unprecedented opportunity to reconfigure the U.S. antitrust landscape through several key appointments.

By Shepard Goldfein and James Keyte

32 minute read

October 11, 2017 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss a September 2017 decision of the Court of Justice of the European Union, which set aside a 2014 General Court of the EU judgment that upheld a €1.06 billion fine imposed by the European Commission on Intel for abuse of its monopoly position.

By Shepard Goldfein and James Keyte

28 minute read

September 08, 2017 | New York Law Journal

Antitrust Trade and Practice columnists, Shepard Goldfein and James Keyte write: Big Data is a complex issue—different firms and individuals have different access to different sources of data, and want to use that data in different ways. This complexity means that the legality of some methods of culling and using Big Data remains unclear. A recent case signals a shift in the way courts may be viewing attempts to restrict one method of accumulating data that has sparked recent legal debate: data scraping.

By Shepard Goldfein and James Keyte

9 minute read

August 07, 2017 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: Although there was no meaningful proposal by Congress during the Obama administration to re-write the antitrust laws to make big "bad" once again, to regulate the pricing of lawful monopolists, or to use the antitrust laws as a tool for social and economic engineering, harkening back to the trust-busting days of old, the 2018 midterm elections beckon, and Congressional Democrats do not want to miss the populist wave a second time.

By Shepard Goldfein and James Keyte

21 minute read

July 17, 2017 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: Just before the U.S. Supreme Court's most recent term expired, the justices set the stage for a potential test of the Trump administration's ideological vigor. By inviting Acting Solicitor General Jeffrey Wall's office to "file a brief ... expressing the views of the United States" regarding 'In re Vitamin C Antitrust Litigation,' the court has offered President Donald Trump and his government an opportunity to expound on one of the president's most popular talking points pre- and post-campaign—the issue of China's abuses of international trade.

By Shepard Goldfein and James Keyte

9 minute read

June 12, 2017 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write that pricing algorithms present a number of unique opportunities to businesses to improve their processes and efficiency. Sellers can automatically adjust their conduct with the demands of the market, increasing efficiency and saving resources and money. However, critics worry that because algorithms have become so advanced, they may enable new forms of anticompetitive coordination that were not possible before.

By Shepard Goldfein and James Keyte

8 minute read

May 08, 2017 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: On April 26, 2017, FCC Chairman Ajit Pai explicitly confirmed what we all presumed, all but declaring war on the regulation that enabled the FCC to adopt the net neutrality rules. For all practical purposes, practitioners and their clients should prepare themselves for a world without net neutrality regulatory framework—i.e., one in which antitrust and the courts will police the Internet highway.

By Shepard Goldfein and James Keyte

17 minute read