Archives: ABC’s of Antitrust

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Navigating the new HSR landscape: Major updates and enforcement actions you need to know

By Jay L. Levine on April 7, 2025

When the words “Hart Scott” or “HSR” are mentioned, business executives and deal lawyers often react with indifference. While they recognize the necessity of HSR compliance before closing a transaction, it typically garners little attention unless the deal is expected to face intense scrutiny. The goal is usually to check the HSR box and move … Continue Reading

Capper Volstead: Past, present and future – Part 3

By Jay L. Levine and Porter Wright on March 2, 2023

In Part 3 of their Capper Volstead series, Jay Levine and Don Barnes discuss other statutes that exempt agricultural cooperatives from antitrust liability and delve into the historical and present relationship that USDA and DOJ have with the Capper Volstead Act. Read a transcript of the episode here. Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com. Listen wherever you listen to … Continue Reading

Capper Volstead: Past, present and future – Part 2

By Jay L. Levine and Porter Wright on February 22, 2023

In Part 2 of their Capper Volstead series, Jay Levine and Don Barnes continue to discuss the need for the Capper Volstead Act and its key elements. Specifically, the team dives in to discuss why the Act was required and preview some of the ongoing issues with its application.… Continue Reading

Capper Volstead: Past, present and future – Part 1

By Jay L. Levine and Porter Wright on February 15, 2023

In a belated tribute to Capper Volstead’s 100th anniversary, Jay Levine talks with his legal partner Don Barnes, one of the deans of the agricultural bar and an authority on Capper Volstead. In Part 1 of their discussion, they review the origins of Capper Volstead and how the legal landscape for agricultural producers has changed … Continue Reading

FTC starts 2023 with a bang

By Jay L. Levine on January 25, 2023

Picking up where they left off, the FTC has wasted no time in the new year and already proposed to effectively ban all employment non-compete clauses. The proposed rule would make future non-competes unlawful and nullify any existing agreements. In our latest podcast, Jay explains how this proposal fits in with the administration’s attempt to … Continue Reading

Government is cracking down on antitrust issues in labor markets

By Jay L. Levine on May 10, 2022

Antitrust enforcement is heating up when it comes to issues affecting the labor market and workers’ ability to sell their services to the highest bidder. Though the movement began in 2016, the Biden administration is claiming that certain agreements between employers that affect workers’ mobility and compensation can be prosecuted criminally.… Continue Reading

A new year of fresh challenges: Antitrust highlights from Q1 2022

By Jay L. Levine on April 21, 2022

The Antitrust Revolution continues marching on. From the agencies to Congress, the fundamental purpose of the antitrust laws and the way in which they are enforced is being re-written. If you think this doesn’t affect you or your business, you should listen in.… Continue Reading

The antitrust revolution: The evolution of antitrust

By Jay L. Levine and Porter Wright on July 14, 2021

An antitrust revolution is definitely underway. But to understand where we may be going, you must first understand where we have been. In this podcast, Jay is joined by attorney Carrie Garrison. They will guide you through the evolution of antitrust law, from its inception to the present, and provide you the tools to better … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on February 10, 2021

On Feb. 5, 2021 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 March 4, 2021.… Continue Reading

Federal Trade Commission’s interlocking directorate thresholds announced

By Jay L. Levine on January 28, 2020

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 March 1, 2019

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

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

By Jay L. Levine and Porter Wright on September 19, 2017

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 September 1, 2017

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

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on February 6, 2017

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 August 25, 2016

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 April 29, 2016

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 January 27, 2016

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

By Jay L. Levine on December 14, 2015

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 October 19, 2015

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 October 14, 2015

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 September 23, 2015

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 September 16, 2015

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 August 25, 2015

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 August 19, 2015

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