Antitrust Law Source

Has Axon dealt another blow to FTC authority?

Last year, the Supreme Court unanimously ruled that the Federal Trade Commission (FTC) is not authorized to impose civil penalties on parties who violate the FTC Act unless the party is violating a previous cease and order. The ruling took away a major enforcement tool. Now, Axon Enterprises is seeking to attack the entire structure of the FTC while it simultaneously defends its acquisition of VieVu, LLC in administrative court. Continue Reading

Another major Hart-Scott-Rodino warning from the FTC

Two recent Federal Trade Commission (FTC) actions confirm the Hart-Scott-Rodino Act (HSR) is not to be ignored. On Dec. 22, the FTC fined both Biglari Holdings and the founder of Werner Enterprises for failure to file with the FTC and the Department of Justice (DOJ) before consummating significant acquisitions of related entities. Continue Reading

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

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 proposed legislation goes about such reform. We’d also like to highlight another antitrust statute proposed by Sen. Klobuchar, the Journalism Competition and Preservation Act. Continue Reading

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