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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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

Porter Wright presents Food & Agriculture Quarterly

By Jay L. Levine on Categories: Agriculture
Welcome to our inaugural issue of Food & Agricultural Quarterly (FAQ). This new, industry-focused publication was 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. In our first issue, we bring together three rather diverse … Continue Reading

DCMA agent requirements changing

By Jay L. Levine on Categories: Privacy & Data Security
Bob Morgan, our colleague at Technology Law Source, shares detail about the upcoming Digital Millennium Copyright Act (DCMA) agent filing change that takes effect Dec. 31. This agent filing is a necessary element of the Digital Millennium Copyright Act (DMCA) safe harbor provision (Title II of the DMCA (the Online Copyright Infringement Liability Limitation Act)) — an Act which … Continue Reading

Is it time to change the focus of the antitrust laws? The debate is heating up

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust
There is currently a tug-of-war going on over the heart and soul of the antitrust laws. Well, perhaps that is a bit dramatic. But it is certainly fair to say that there is surging sentiment that the antitrust laws, and specifically antitrust enforcement, should be recalibrated to address concerns that are “populist” in nature. This … Continue Reading

Access to “data” – the new competitive battlefield

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Antitrust & Intellectual Property, Retail
Data is a buzzword popular in the media today. Most often we hear or read the word in conjunction with a breach of a major retailer or healthcare company. It is also used by companies to target us with behavioral advertising. But it also has become the new coin of the realm. Being neither a … Continue Reading

What does it take to bring foreign companies to the US?

By Jay L. Levine on Categories: International
In this episode, Jay talks to Oded Shenkar, Ford Motor Company Chair in Global Business Management and Ohio State professor, about the challenges and opportunities facing foreign businesses who wish to come to the United States. The duo talks about regulatory matters, strategic factors and how the political climate will affect a company’s decision to … Continue Reading

Private equity deals

By Jay L. Levine on Categories: Mergers & Acquisitions
What is on the horizon for private equity deals in 2017? What does the market look like for buyers, sellers and foreign investors? Jay talks with Porter Wright M&A attorneys Bob Tannous and Jeremy Siegfried about these issues, exit strategies, Brexit and more in our most recent podcast.… Continue Reading

Don’t wannacry? Help your IT staff prevent ransomware

By Jay L. Levine on Categories: Privacy & Data Security, Technology
The latest cyberattack  making the news (and some say the largest to date) is the “Wannacry” ransomware.  The ransomware looks for computers containing an operating system vulnerability in the Microsoft Windows platform and then appears to infect computers… without a single click required.  My colleague, Brian Hall, outlines the risks employers may face when dealing with cyberattacks  — as well as how human … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on Categories: ABC's of Antitrust, Mergers & Acquisitions
Last week, 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 to U.S. … Continue Reading

Gun jumping the Brazilian way

By Jay L. Levine on Categories: International, Mergers & Acquisitions
Gun jumping – coordination before merger clearance – isn’t just an American issue.  Jay and Andre Gilbert, a Brazilian competition attorney, discuss what happens in Brazil when parties work together prior to the approval of a merger – Brazil’s standards, potential fines and the penalties companies might be faced with when this happens.… Continue Reading

Introduction to Brazilian antitrust enforcement

By Jay L. Levine on Categories: Antitrust & Intellectual Property, International, Mergers & Acquisitions
Before the independence of CADE (the Administrative Council for Economic Defense), it could take months for Brazilian mergers to be approved. Jay talks to Brazilian competition attorney Andre Gilberto about how the Brazilian government improved the process for reviewing antitrust and merger cases, what crimes can be criminally prosecuted and merger control.… Continue Reading

Part one: Privacy matters

By Jay L. Levine and Porter Wright on Categories: Privacy & Data Security
In this three-part series, Jay speaks with attorneys across Porter Wright’s departments and practices about privacy and data security. Today’s podcast begins with Christina Hultsch who talks about the options available for European Union companies to transfer data.… Continue Reading

Antitrust & politics: A match made in…

By Jay L. Levine on Categories: Civil Government Enforcement, Legislative
After eight years of antitrust enforcement under the Obama administration that some consider robust, while others are more critical, it is fair to wonder what we can expect from a Trump or Clinton administration. Of course, it is often difficult, if not dangerous, to make such prognostications, but it is worth considering the question nonetheless. … Continue Reading
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