Antitrust Law Source

Jay L. Levine

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Jay Levine is a partner in the firm’s Washington, D.C. Litigation Department. His practice is concentrated in complex litigation and counseling and he is co-chair of the firm’s Antitrust and Consumer Protection Practice Group. He is also the managing editor of the firm’s innovative Antitrust Law Source blog and host of its podcast, as well editor of the firm’s Food And Agriculture Quarterly.

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FTC issues HSR revisions… with a surprise

By Jay L. Levine on Categories: Mergers & Acquisitions
On Jan. 23, 2023, the FTC announced annual changes to notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act and certain other values under HSR rules. But this time, the annual changes include a radically different tier structure with much heftier filing fees. The new thresholds become effective in late February. Companies should review … Continue Reading

New Brandeisians push further: Proposed antitrust legislation reflects broad remedial purpose of antitrust laws

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Legislative
Our last article, New Brandeisians keep their promise, discussed the contents of Sen. Amy Klobuchar’s (D-MN) proposed overarching antitrust legislation, Competition and Antitrust Law Enforcement Reform Act (CALERA). Now, we’d like to take a step back and focus on the arguments supporting and opposing such reform, and in particular the precise manner in which the … Continue Reading

New Brandeisians keep their promise: New antitrust legislation reflects movement in role of antitrust laws

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection
Probably never before has there been introduced in Congress so many bills relating to antitrust.  At last count, over 25 different pieces of antitrust legislation have been introduced just this year, covering antitrust in general and distinct industries in particular, including pharmaceuticals, sports, news and oil. And more have been promised. While some proposed laws … Continue Reading

1990s to the present: The Chicago School and antitrust enforcement

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection
There is no question that antitrust policy, at any time, is highly influenced by the prevailing economic thinking. Equally unquestionable is the fact that economic thinking is highly influenced by one’s political philosophy. With these principles established, the current debate over the purpose of the antitrust laws, and thus the standards they ought to employ, … Continue Reading

The antitrust revolution is coming? The antitrust revolution is here?

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection
Borrowing from the immortal words of Paul Revere, the title consciously evokes images of a battle, though fought with words and ideas and (hopefully) not muskets and bayonets. The proper objectives of the antitrust laws and the appropriate level of antitrust enforcement has been discussed in mainstream media more over the last decade than perhaps … Continue Reading

Antitrust as antidote? Historical overview of antitrust law

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection, Legislative, Mergers & Acquisitions
An antitrust revolution is upon us. Numerous pundits and political leaders blame many of today’s societal and economic ills on what they claim is the increasing concentration of economic power in the hands of a few. Perceived lax antitrust enforcement and permissive antitrust laws, many claim, is the cause of that. Indeed, President Joe Biden … Continue Reading

Supreme Court clips FTC’s wings

By Jay L. Levine on Categories: Legislative
In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties … Continue Reading

Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business

By Jay L. Levine on Categories: Consumer Protection, Retail
Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made under the Buy … Continue Reading

Paycheck Protection Program loan necessity questionnaire

By Jay L. Levine on Categories: COVID-19
Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers. My colleagues … Continue Reading

Made in the USA? It better be

By Jay L. Levine on Categories: Advertising
The Federal Trade Commission remains vigilant about protecting the integrity of “Made in USA” claims. This is evidenced by its recent settlement with Williams-Sonoma Inc. The FTC claimed that that the well-known home products and kitchen wares company deceptively represented that certain of its products were made in the U.S. when, in fact, they were wholly … Continue Reading

Federal Trade Commission’s interlocking directorate thresholds announced

By Jay L. Levine on Categories: ABC's of Antitrust
On Jan. 28, 2020, the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), as well as certain other values under the HSR rules. These new thresholds will become effective Feb. 27, 2020. As background, the HSR Act requires that acquisitions of voting … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on Categories: ABC's of Antitrust
On Feb. 15, 2019 the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), as well as certain other values under the HSR rules. As background, the HSR Act requires that acquisitions of voting securities or assets that exceed certain thresholds be disclosed … Continue Reading

Changes in online shopping

By Jay L. Levine on Categories: Retail
“In most situations, no more tax-free shopping on the internet,” our colleague Mark Snider said based upon a U.S. Supreme Court ruling. In Wayfair v. South Dakota, the court overruled two older decisions that allowed retailers to avoid collecting sales tax on customers outside of its home state and outside other states where the retailer … Continue Reading

Food & Agriculture Quarterly: March 2018

By Jay L. Levine on Categories: Agriculture
I am delighted to bring to you the second edition of Food & Agricultural Quarterly (FAQ). This industry-focused publication is designed to focus on the key issues food and agriculture industry stakeholders are facing – regardless of whether you are a small, family-owned farming operation or international food producer. This edition contains three very diverse articles that are … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on Categories: Mergers & Acquisitions
On Jan. 26, 2018, the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), as well as certain other values under the HSR rules. As background, the HSR Act requires that acquisitions of voting securities or assets that exceed certain thresholds be disclosed … Continue Reading
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