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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.

.  A huge increase in the number of mergers coming before the U.S. Federal Trade Commission for antitrust reviews is limiting its ability to investigate deals in a timely fashion, the FTC said on Tuesday. The agency, which works with the Justice...

Seventh Circuit to Determine Whether the Sherman Act Can Mow Down Drug “Patent Thickets”

Patent infringement litigation is not for the faint of heart or light of wallet.  Determining the validity of a patent (and if it is found to be valid, whether it has been infringed) is a document-intensive, expert-driven exercise that can often cost millions of dollars to litigate to conclusion.  This expense is justified, since the rewards reaped by the victor are vast—the continuation of a legal monopoly...

New York’s Proposed Premerger Review Program Would Provide Much-Needed Protection for Consumers

New York State is on the precipice of unleashing a much-needed revolution in antitrust law. This blog recently covered New York’s proposal to amend the (New York’s antitrust statute) to adopt a European-style abuse of dominance standard.  In this post, we analyze , which would complement the established...

Far From Being Off the Hook, Facebook is Waiting For the FTC’s Next Move

The face-off between Facebook and federal and state antitrust enforcers is not over. As you may recall, in late June 2021, the Judge James E. Boasberg of the United States District Court for the District of Columbia dismissed the Federal Trade Commission’s (“FTC”) and the state attorney generals’ (“State AGs”) complaints against Facebook in two opinions issued the same day.[1]  While it dismissed the...

The Antitrust Week In Review

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

.  New York and other U.S. states filed a notice on Wednesday saying they will fight the dismissal of an antitrust lawsuit that they launched against Facebook Inc in an appeals court. In June, a U.S. judge dismissed federal and...

New York’s Pending Antitrust Bill – What It Would Mean for Companies That Have Market Shares in Excess of 30-40%

Antitrust is in the news every day.  Amidst the deluge of stories about cases filed by federal and state enforcers against tech companies, the nomination of Lina Khan to the Federal Trade Commission, President Biden’s sweeping Executive Order and competing antitrust bills introduced in both chambers of Congress, you may have missed that New York State is embarking on a unique path in antitrust enforcement. In...

Developments in Merchant Surcharging: Hold the Champagne

Those following the payments industry press on surcharging may have noticed headlines touting recent events in state legislatures and in the courts, which deceptively suggest that the state laws prohibiting merchant surcharging are falling away.  But, as is often the case, the devil is in the details and the positive headlines mask a more sobering reality.   Colorado Governor Jared Polis, for example, recently