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The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following. .  Tesla Inc Chief Executive Elon Musk's initial 9% stake purchase in Twitter Inc is being probed by the Federal Trade Commission (FTC), The Information reported. The FTC is looking into whether Musk complied with an antitrust...

Despite Setbacks, Department of Justice Charges Full Speed Ahead in Litigating Labor Antitrust Cases

By James J. Kovacs In the course of 24 hours, juries returned non-guilty verdicts for defendants in two criminal wage fixing and market allocation cases brought by the U.S. Department of Justice (“DOJ”). Despite these setbacks, the DOJ shows no signs of slowing down its antitrust investigations and enforcement efforts in labor markets. In United States v. Jindal et al., the DOJ  that the former...

The Danger of Waiting for a Finding of Anticompetitive Behaviour: Gemalto Sees its Claim Against the Smart Card Chips Cartel Time Barred

By Simon Yeung and Georgiana Stables

The secrecy of cartels—and victims’ consequent limited knowledge of them—has led the English courts to relax the requirement that claimants plead detailed statements of case at the outset of litigation. The flipside is that, under the “statement of claim” test, the limitation clock may start to run sooner than claimants think.

In January 2022, the question of whether a...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following. .  Specialty chemical maker Prince International Corp won U.S. antitrust approval to merge with rival Ferro Corp on condition that it sell three facilities, the Federal Trade Commission said. EU antitrust regulators cleared the deal in...

FTC Chair Khan Squares the Circle With an “Interdisciplinary Approach” to Protecting Privacy and Competition

Government efforts to protect competition and privacy could become more closely aligned under an “interdisciplinary approach” to enforcement announced by Federal Trade Commission Chair Lina Khan. It’s no secret that a handful of major tech firms touch nearly every aspect of modern life.  Nor is it a surprise that their business models often rely on collecting and monetizing user information in order to...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   .  Boosting enforcement of antidiscrimination and antitrust laws, raising the federal minimum wage and higher unionization rates could substantially boost U.S. economic growth, a new report by President Joe Biden's top...

Mastercard’s Digital Fee Hike Means Double Trouble for Merchants

By Owen Glist As part of the annual spring ritual of interchange increases and new network fees, that it is more than doubling its “Digital Enablement Fee.”  This hefty price hike raises both the cost of digital transactions and antitrust concerns. Mastercard’s Digital Enablement Fee is essentially a tax the network imposes for “enabling” online transactions, also known as...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   .  When the dust settled on a big round of airline consolidation nearly a decade ago, four large companies came to dominate the industry. A new merger scramble could challenge that cozy arrangement. A brewing fight over the future of...

Antitrust Division Urges NLRB to Protect Competition in the Gig Economy by Redefining “Employee”

By Sarah Bayer, Janice Johnson, and Margaux Poueymirou The rise of the “gig worker” is creating novel and significant issues that are not going to be resolved without a lot of heavy lifting by both antitrust enforcers and labor regulators. The Antitrust Division of the United States Department of Justice (“DOJ”) recently dealt with one of these issues—how to protect competition in the “gig...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.   .  The U.S. Justice Department asked a federal court in Denver to drop price-fixing charges filed against five executives of chicken producing companies after two mistrials in the case focused on competition in the $65 billion...