Shepard Goldfein

March 12, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the U.S. Supreme Court's decision finding North Carolina's Board of Dental Examiners capable of conspiring and lacking immunity under the state-action doctrine, writing that the decision may lead many industries, even the practice of law, to rethink their professional regulatory regimes currently in place nationwide.

By Shepard Goldfein and James Keyte

13 minute read

March 11, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the U.S. Supreme Court's decision finding North Carolina's Board of Dental Examiners capable of conspiring and lacking immunity under the state-action doctrine, writing that the decision may lead many industries, even the practice of law, to rethink their professional regulatory regimes currently in place nationwide.

By Shepard Goldfein and James Keyte

13 minute read

February 10, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write that retrospective studies of merger remedy orders provide a wealth of information to the conducting agency, but also give businesses the crucial opportunity to interact informally with agencies as the agencies look to identify the market trends that will inform future policy. A new study's scope suggests that the FTC may be considering changes beyond just the divestiture process.

By Shepard Goldfein and James A. Keyte

11 minute read

February 09, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write that retrospective studies of merger remedy orders provide a wealth of information to the conducting agency, but also give businesses the crucial opportunity to interact informally with agencies as the agencies look to identify the market trends that will inform future policy. A new study's scope suggests that the FTC may be considering changes beyond just the divestiture process.

By Shepard Goldfein and James A. Keyte

11 minute read

January 13, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The year 2014 was an active year in antitrust and competition law, both for governmental enforcement and private litigation. Governmental regulators continued to pursue a pattern of aggressive antitrust enforcement, ranging from merger challenges to criminal investigations. With respect to private litigation, key antitrust concepts continued to play out in federal district and appellate courts regarding the international reach of domestic antitrust law, liability for manipulating global financial benchmarks and the legality of reverse-payment settlement agreements.

By Shepard Goldfein and James A. Keyte

15 minute read

January 12, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The year 2014 was an active year in antitrust and competition law, both for governmental enforcement and private litigation. Governmental regulators continued to pursue a pattern of aggressive antitrust enforcement, ranging from merger challenges to criminal investigations. With respect to private litigation, key antitrust concepts continued to play out in federal district and appellate courts regarding the international reach of domestic antitrust law, liability for manipulating global financial benchmarks and the legality of reverse-payment settlement agreements.

By Shepard Goldfein and James A. Keyte

15 minute read

December 09, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write that with both Houses of Congress under Republican control, commentators are predicting that the SMARTER Act is likely to pass, harmonizing the FTC's authority to review and challenge mergers with that exercised by the DOJ.

By Shepard Goldfein and James Keyte

13 minute read

November 07, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: In September 2011, the Department of Justice formally announced the first settlement in its investigations into an international automobile parts price-fixing and bid-rigging conspiracy. In the three years since, the DOJ has continued the auto parts investigations, charging more than 30 individuals and 27 companies with antitrust violations, collecting more than $2.3 billion in fines, and demonstrating its resolve in ferreting out bid-rigging, customer allocation and price-fixing across a wide range of industries.

By Shepard Goldfein and James Keyte

11 minute read

October 14, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review the history of 'Dean Foods Co. v. Food Lion,' in which milk wholesalers defending themselves against price-fixing allegations have asked the U.S. Supreme Court to decide whether a plaintiff "must produce evidence of causation to defeat a motion for summary judgment, or whether a court may instead presume causation at summary judgment and permit the case to proceed to trial based on that presumption."

By Shepard Goldfein and James Keyte

12 minute read

September 09, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte of Skadden, Arps, Slate, Meagher & Flom, discuss the sufficiency of the antitrust sentencing guidelines for achieving optimal cartel deterrence ,and write that “broader questions arise about whether increased antitrust sanctions are truly the most effective way to deploy government resources in pursuit of improved cartel deterrence.”

By Shepard Goldfein and James A. Keyte

11 minute read