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Archives: ABC’s of Antitrust

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FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on
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

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on
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

Venture capitalism and start-ups in Ohio

By Jay L. Levine and Brett Thornton on
Ohio has become a hot spot for venture capitalists to invest in companies. The level of talent and sense of community that the state provides are just a few of the reasons VC’s are putting their money here. Jay talks with Falon Donahue, CEO of Venture Ohio, and Porter Wright attorney Brett Thornton about why … Continue Reading

ABA Antitrust Section’s Spring Meeting 2016: Agency update with Deputy Assistant Attorneys General

By Allen Carter on
DOJ’s Antitrust Division is headed by an Assistant Attorney General, who is assisted by several Deputies, referred to as DAAGs (Deputy Assistant Attorneys General).  In one presentation, the various DAAGs presented their view on the Division’s enforcement efforts, both civil and criminal. Continuing our series on the 2016 Spring Meeting, Allen summarizes their presentation so you … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on
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

Can a class be certified if some members have no injury?

By Jay L. Levine on
Our colleagues in the class action and product liability practice groups recently posted an article that should be of interest to our readers. The article discusses the court’s conundrum: Can it certify such a broad class even though some of the purchasers likely have no injury? When the Sixth Circuit Court of Appeals says yes … Continue Reading

Violate the Rules Once, Shame on You, Violate the Rules Twice…Go Get Your Checkbook

By Porter Wright on
The Federal Trade Commission (“FTC”) and U.S. Department of Justice (“DOJ”) have a slightly different take on the old saying of “fool me once” when it comes to violating the premerger notification requirements as two investors recently found out. As we have reported before, under the Hart-Scott-Rodino Antitrust Improvement Act of 1976, 15 U.S.C. § … Continue Reading

More insights into Amazon …

By Jay L. Levine on
I recently spoke with Zosha Millman  of LXBN  for her recent post Is Amazon Opening Another Confusing Antitrust Door with Its New Sale Ban? As you can imagine, Amazon’s recent move to cease offering Apple or Google streaming devices has left many consumers a bit, shall we say “primed”.  Check out Zosha’s article for more details… one … Continue Reading

Antitrust woes for Amazon, Part 2

By Jay L. Levine and Darcy Jalandoni on
Antitrust Law Source author Darcy Jalandoni and editor Jay Levine pick up their discussion of the antitrust issues facing Amazon. In this episode, they discuss the parties’ positions, the result of Amazon’s recent contract dispute with Hachette…and how authors, and ultimately how American literature, will publish in the future.… Continue Reading

Antitrust woes for Amazon, Part 1

By Darcy Jalandoni and Jay L. Levine on
Since the Kindle was released in 2007, Amazon has become dominant in the e-publishing world. Amid its other legal battles over the last eight years, a dispute between authors, the traditional publishing industry and Amazon has been not so quietly brewing. Antitrust Law Source author Darcy Jalandoni and editor Jay Levine discuss some of the … Continue Reading

FTC Breaks 100-Year Silence and Issues “Statement of Enforcement Principles”

By Jay L. Levine and Allen Carter on
On August 13, the FTC issued its “Statement of Enforcement Principles Regarding ‘Unfair Methods of Competition’ Under Section 5 of the FTC Act.” The 1-page policy statement provides a general framework for the Commission’s exercise of its “standalone” Section 5 authority to fight anticompetitive acts or practices. A bit of context might help to understand … Continue Reading

Lawyers: In a class of their own

By Porter Wright on
Ever wonder how many lawyers can fit into one courtroom? Judge Catherine Perry of the U.S. District Court of the Eastern District of Missouri just may find out. On July 14, Judge Perry granted a motion to certify a class made up of lawyers in Downing v. Goldman Phipps PLLC.[1] Although plaintiffs have not made … Continue Reading

Knockout blow by UFC fighters?

By Porter Wright on
In Le v. Zuffa, LLC , 11 professional mixed martial arts fighters are pursuing antitrust claims in the U.S. District Court for the District of Nevada against Zuffa, LLC, who operates the popular professional mixed martial arts league known as the Ultimate Fighting Championship, or UFC. Brought as a class action, plaintiffs seek monetary damages … Continue Reading

The U.S. Supreme Court Declines to Consider Two Appeals Addressing the Foreign Reach of U.S. Antitrust Laws

By Porter Wright on
In 1982, Congress enacted the Foreign Trade Antitrust Improvements Act (FTAIA) because it believed that, in the interests of international comity, U.S. antitrust jurisdiction over international commerce should be limited to conduct that affects the U.S. domestic market.  The effect of the FTAIA was to insert a new section into the federal antitrust statutes, 15 … Continue Reading

LegalZoom Kicks Off Antitrust Battle Against State Bar Associations

By Jared Klaus and Allen Carter on
State bar associations and other licensing boards were left like bleeding seals in shark-infested waters following the United States Supreme Court’s landmark decision this February in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101.  The decision held that a state agency controlled by active participants in the market … Continue Reading

Antitrust Probe of Movie Theater Chains Enters Next Act

By Jared Klaus and Jay L. Levine on
The U.S. Department of Justice has turned its spotlight on AMC Entertainment, Inc. in the government’s antitrust probe of the nation’s movie theater industry.  In an 8-K filed Monday with the Securities and Exchange Commission, AMC announced that it has received a civil subpoena from the DOJ seeking information and documents relating to AMC’s involvement … Continue Reading

Judge finds anti-steering rules to be anti-competitive

By Darcy Jalandoni on
Last Thursday, a federal district court judge found that American Express Co.’s anti-steering rules violated U.S. antitrust laws by barring merchants from encouraging customers to use other credit cards. The ruling not only handed a victory to the U.S. Department of Justice (DOJ) and the 17 state attorneys general bringing the suit, but may also, … Continue Reading

Class action suits challenge Capper-Volstead

By Porter Wright on
The Capper-Volstead Act is a powerful 1922 law that allows farmers and their cooperatives to act together for “collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce.” Marketing as it is referred to here, includes price-setting and other conduct that would otherwise violate antitrust laws if not for Capper-Volstead. In my … Continue Reading
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