By Jay L. Levine on 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
By Jay L. Levine on 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
By Jay L. Levine and Carrie Garrison on 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
By Jay L. Levine on 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
By Jay L. Levine on 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
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
By Jay L. Levine and Devan Flahive on 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
By Jay L. Levine and Devan Flahive on 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
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
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
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
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
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
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
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
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
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
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
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
By Darcy Jalandoni on In parts one and two we discussed Amazon.com®’s growth into a true giant of the publishing industry – not simply in terms of content, cost or delivery, but in size and strength – and its past history with Apple and its rival publishers (who are also its suppliers). As part three of this series, we consider … Continue Reading
By Darcy Jalandoni on Our second segment of this three- part series adds some background to the publishing landscape, and through the antitrust saga involving Apple and the largest publishing companies, explores how the evolution of ebooks has impacted not only consumer habits, but the publishing industry as a whole. Check out Part One of this series here. The … Continue Reading
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
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
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