Shepard Goldfein

April 10, 2017 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review two recent disputes offer a window into whether and when antitrust regulators, to protect downstream consumers, will police negotiations between broadcast distributors and Regional Sports Networks that have exclusive rights to content for a team or a group of teams.

By Shepard Goldfein and James Keyte

14 minute read

March 13, 2017 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: In the wake of two successful merger challenges by the Department of Justice Antitrust Division, the Federal Trade Commission has released a study on merger remedies, providing some lessons that parties to future proposed mergers would be wise to heed.

By Shepard Goldfein and James Keyte

18 minute read

February 10, 2017 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: By the time President Trump was inaugurated, professional and business communities had spilled a lot of ink over his statements on antitrust, as well as the implications of choosing Josh Wright to lead the FTC transition team. Now, the Section of Antitrust Law of the ABA has issued a Presidential Transition Report that, perhaps more than ever before, may offer the best picture of where antitrust may move over the next four years or more.

By Shepard Goldfein and James Keyte

20 minute read

January 09, 2017 | New York Law Journal

Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: The past year was a tumultuous one, and to some degree antitrust developments necessarily lag behind events and may take years to manifest changes. Hence, in the coming year, observers curious about antitrust developments should take note of who the Trump administration appoints to the leadership positions within the DOJ and FTC and the antitrust experience of the new junior Justice of the Supreme Court.

By Shepard Goldfein and James Keyte

20 minute read

December 12, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte examine the antitrust implications raised by two recent decisions involving Uber. In one, Uber is fighting against a local agency that has sought to prevent it from operating in St. Louis. In another, Uber is working to justify its business model and pricing algorithms against charges of anticompetitive price-fixing.

By Shepard Goldfein and James Keyte

21 minute read

August 19, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: As China's political and economic impact continues to grow around the world, U.S. regulators have been forced to grapple with how to protect U.S. interests in a system sprung from a very different government ideology. This clash has played out in the antitrust context in the drafting, implementation and subsequent reaction to China's Anti-Monopoly Law.

By Shepard Goldfein and James Keyte

16 minute read

July 12, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: The FTC has litigated three merger-related preliminary injunction applications during the last two months, winning one—which joins what can now fairly be called a "string" of victories in cases involving highly concentrated industries within relatively static marketplaces—and losing two.

By Shepard Goldfein and James Keyte

19 minute read

June 20, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write that although the now presumptive Republican presidential nominee has been outspoken on a variety of issues, he has largely remained silent on the issue of antitrust enforcement. As a businessman, Trump has had two run-ins with the antitrust laws. Taken together, what can his public comments and his experience in this fairly specialized area tell us about what a Trump presidency might mean for antitrust enforcement?

By Shepard Goldfein and James Keyte

22 minute read

May 10, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: Though his confirmation seems far from a sure thing, many have wondered what we could expect in the antitrust domain if Merrick Garland were to take Justice Antonin Scalia's now-empty seat. One distinct possibility is an increase in the number of antitrust cases heard by the Supreme Court. Though his experience with the subject matter does not rival that of Justice Stephen Breyer, Garland has shown an affinity for the topic prior to his appointment to the D.C. Circuit.

By Shepard Goldfein and James Keyte

12 minute read

April 12, 2016 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write that ticketing policies for sporting and other events have been receiving increased attention recently in both the media and legal spheres. They review some common resale limitations and recent lawsuits filed by ticket holders over access to secondary markets, and the results of the New York Attorney General's recent investigation into the ticket industry.

By Shepard Goldfein and James Keyte

21 minute read