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Biden’s Pick for Top Antitrust Enforcer is Likely to Continue DOJ’s Increasing Focus on Labor Markets

				
Posted  10/29/21
										

						By						  
													Janice Johnson	
												
									

				 
								 				President Biden’s nominee for his administration’s top antitrust enforcer appears likely to continue the trend of increased enforcement efforts in labor markets.

At his Senate confirmation hearing on October 6, 2021, Jonathan Kanter testified that, “If the antitrust laws are not working to protect competition to the benefit of workers, then the antitrust laws are not working.” Kanter is President Biden’s , 
												
						

					
	
								
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FTC Restores an Old Fence With Restoration of Prior-Approval Policy for Future Mergers by Anticompetitive Dealmakers

				
Posted  10/28/21
										

						By						  
													Allison F. Sheedy	
												
									

				 
								 				The FTC  this week that it is restoring a  that requires firms subject to FTC orders resolving  anticompetitive mergers to obtain prior approval from the FTC before closing future transactions.

Companies settling an anticompetitive deal by entering into a consent order with the FTC will need the agency’s blessing to close any further acquisitions in each affected market for at least...				 
				 					 

						
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New York Trustbusters Are Being Deputized to Bust Abusive Employers

				
Posted  10/27/21
								

				 
								 				New York’s pending overhaul of its antitrust law is in the forefront of a nationwide antitrust revival that seeks to use competition policy to combat labor market abuses.

This post examines how New York’s proposed —which has already —aspires “to ensure that our labor markets are open and fair” through a renewed focus on the harmful...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  10/25/21
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  "Fortnite" creator Epic Games on Friday opposed Apple Inc's efforts to put on hold orders handed down in an antitrust trial as a potentially lengthy appeals process plays out. Judge Yvonne Gonzalez Rogers in September struck down some of...				 
				 					 

						
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91pornhosts New York’s 21st Century Antitrust Act Panel

				
Posted  10/21/21
								

				 
				
				 				91pornpartners Lloyd Constantine, Jeff Shinder, and Ethan Litwin examined New York’s 21st Century Antitrust Act with New York Senator and Deputy Majority Leader Michael Gianaris, the architect of the bill; Professor Eleanor Fox of NYU Law School, one of the foremost international antitrust scholars; and Professor Steven Salop of Georgetown University Law School, one of the preeminent industrial...				 
				 				
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The Antitrust Week In Review

				
Posted  10/19/21
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  The U.S. Justice Department is arguing in Washington, D.C., federal court that it should be allowed to press its antitrust investigation of National Association of Realtors (NAR) policies and practices despite an earlier, but since withdrawn,...				 
				 					 

						
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													  Antitrust Litigation, 
												
						

					
	
								
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Brussels on the Hudson: New York Imports European Merger Control

				
Posted  10/18/21
										

						By						  
						Ethan E. Litwin, Jeffrey I. Shinder						
									

				 
								 				In 2004, the European Commission re-wrote its Merger Regulation, making its well-established dominance test subservient to a U.S.-style significant lessening of competition (SLC) standard.  In 2021, New York State is poised to do the opposite: legislating market dominance as the touchstone for the evaluation of mergers that affect the 10th largest economy in the world.  The similarities between the pre-2004 European...				 
				 					 

						
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													  Antitrust Litigation, 
												
						

					
	
								
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Standard-Essential Patents Are Being Reintroduced to Antitrust Standards With the Welcome Demise of the “New Madison” Approach

				
Posted  10/15/21
										

						By						  
													David Golden	
												
									

				 
								 				The U.S. Department of Justice’s (“DOJ”) hands-off approach to antitrust enforcement involving standard-essential patent (“SEP”) licensing may soon be relegated to the dustbin of history, where it belongs.

DOJ’s Antitrust Division is currently  the Department’s December 2019 , which largely removed SEPs from antitrust scrutiny under former Assistant...				 
				 					 

						
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National Association of Realtors Spars with Justice Over Unapproved Settlement in Battle Over Commission-Related Policies

				
Posted  10/12/21
										

						By						  
													Harrison J. McAvoy	
												
									

				 
								 				Last month, the National Association of Realtors (“NAR”), the largest real estate industry trade association in the United States, filed suit against the U.S. Department of Justice (“DOJ”), seeking to end an investigation into policies governing multiple listing services (“MLSs”) that reduce competition among real estate brokers.

The petition, filed in federal court in Washington D.C., claims that the...				 
				 					 

						
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The Five Developments You Should Follow if You Want to Know What Antitrust Enforcers Are Doing in the Fields of Agriculture

				
Posted  10/11/21
										

						By						  
						Taline Sahakian, Alan H. Schwartz						
									

				 
				
				 				While you may have noticed how expensive your recent trips to the supermarket have become, have you thought about why?  Is it because of the pandemic? Shipping problems?  Is it due to problems with the food supply?

The short answer is “all of the above,” but, , antitrust abuses—including consolidation in the agriculture industry—could also be playing a major role in...				 
				 					 

						
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													  Antitrust Enforcement, 
												
						

					
	
								
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