Don’t Let Antitrust Stick a Fork in Your Blockchain

Author: Pat Pascarella The blockchain did it” is unlikely to be a winning defense in an antitrust suit.  That, combined with the current enforcement (and legislative) trends targeting digital platforms, counsels that companies choosing to adopt blockchain as, or in, their business, be cognizant of how the antitrust laws may be applied. Perhaps even more so […]

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Merger Control in Russia

Authors: German Zakharov and Dmitry Domnin German Zakharov is a Partner of the Competition/Antitrust and Foreign Direct Investments Practices at ALRUD Law Firm. German supports clients on a wide range of antitrust issues: coordination of merger control transactions with Federal Antimonopoly Service of the Russian Federation (FAS Russia), cartel investigations, advising on distributorship agreements, and analyzing compliance of […]

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Choice of Law, Antitrust Class Actions, and the Value of State Inaction

When you defend antitrust class actions in federal court like we do, you often see a long list of state antitrust claims brought by what are called indirect purchasers. That is because the federal antitrust laws have this strange quirk that usually forbids federal antitrust claims for damages by indirect purchasers. You can read more about the history of how […]

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Antitrust Merger Thresholds Increased and Merger Guidelines Being Updated; More Changes Coming Soon?

Authors: Steven J. Cernak and Luis Blanquez   As we have discussed in several recent posts, the FTC has made several changes to the merger antitrust review process. This month, the FTC made two more changes, one completely expected and one hinted at in other recent announcements. HSR Thresholds Updated As expected — in fact, required by statute — the […]

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2021 Antitrust Developments Affecting Distribution That Flew Under the Radar

Author:  Steven J. Cernak Recently, I was researching 2021 antitrust developments to update my Antitrust in Distribution and Franchising book and draft a long article for another publication. That research confirmed that new government antitrust enforcers and their actions gathered the most attention last year — but this blog covered those issues already, such as here and here and here. This post discusses […]

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Observations on the Court’s Rejection of Facebook’s Motion to Dismiss the FTC’s Amended Antitrust Complaint

The FTC filed an antitrust lawsuit against Facebook (now Meta Platforms Inc.). Judge James E. Boasberg dismissed it. The FTC then filed an amended complaint. And the same judge just denied Facebook’s motion to dismiss that complaint. The FTC alleges that Facebook has a longstanding monopoly in the market for personal social networking (PSN) services and that it unlawfully […]

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Don’t Let Antitrust Stick a Fork in Your Blockchain

“The blockchain did it” is unlikely to be a winning defense in an antitrust suit.  That, combined with the current enforcement (and legislative) trends targeting digital platforms, counsels that companies choosing to adopt blockchain as, or in, their business, be cognizant of how the antitrust laws may be applied. Perhaps even more so than other […]

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What are the Available Exemptions to Antitrust Liability?

Author: Jarod Bona Congress and the federal courts have—over time—created several exemptions or immunities to antitrust liability. The US Supreme Court in National Society of Professional Engineers v. United States explained that “The Sherman Act reflects a legislative judgment that ultimately competition will produce not only lower prices, but also better goods and services.” 435 U.S. 679, 695 (1978). And “[t]he heart […]

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FTC Continues to Unilaterally Repeal the HSR Merger Review Process

Author:  Steven J. Cernak The Federal Trade Commission continues to take subtle steps that, in total, will end up significantly changing the merger review process under the Hart-Scott-Rodino Act. We have already covered some of the earlier actions:  withdrawal of the 2020 Vertical Merger Guidelines, withdrawal of one long-standing HSR rule interpretation and threats to the rest, and the routine […]

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