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Common Ownership in the Draft Merger Guidelines: A Sea Change for Index Funds?

				
Posted  10/2/23
								

				 
								 				By Wyatt Fore

 

[Draft] Guideline 12: Acquisitions of partial control or common ownership may in some situations substantially lessen competition.[1]

 

Portfolio investors may soon find that their investments could be the subject of increased antitrust scrutiny, resulting from new federal enforcement guidelines.

 

On July 19, 2023, the U.S. Department of Justice and the Federal Trade Commission...				 
				 				
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The Antitrust Week In Review

				
Posted  09/20/23
								

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

 

.  The U.S. Federal Trade Commission warned brand-name drugmakers they could face legal action if they improperly list patents with federal health regulators and said it will scrutinize any improper listings. "Improperly listing patents in the Orange Book...				 
				 				
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The Antitrust Week In Review

				
Posted  08/31/23
								

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

 

.  Kraft, Kellogg and other major food-processing manufacturers have won a federal court ruling that will let them use key export data at an antitrust trial seeking more than $110 million in damages from egg...				 
				 				
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The Antitrust Week In Review

				
Posted  08/25/23
								

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

 

.  The American Red Cross and U.S. Justice Department are quarreling over the scope of U.S. antitrust law, after the federal agency backed a key legal claim from a biomedical company suing the humanitarian group. In a court...				 
				 				
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The Antitrust Week In Review

				
Posted  08/17/23
								

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

 

.  Nonprofit hospital system AdventHealth has sued data analytics company MultiPlan in U.S. court, accusing it of leading a price-fixing conspiracy that underpaid healthcare providers billions of dollars for out-of-network...				 
				 				
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The Antitrust Week In Review

				
Posted  08/8/23
								

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

 

. JetBlue and Spirit in U.S. court called a consumer lawsuit over the airlines' merger plan "vague" and "speculative" and said it should be rejected as the U.S. Justice Department pursues a case against the $3.8 billion...				 
				 				
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The Antitrust Week In Review

				
Posted  08/1/23
								

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

 

.  A U.S. judge on Thursday said the governing body for American intercollegiate sports must face a pair of class actions in California that claim curbs on compensation for thousands of volunteer coaches violated federal...				 
				 				
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The Antitrust Week In Review

				
Posted  07/27/23
								

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

 

.  The Justice Department and the Federal Trade Commission announced their long-awaited merger guidelines, and the proposed regulatory framework reveals that the regulators aren’t changing their aggressive approach despite losing a...				 
				 				
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The Antitrust Week In Review

				
Posted  07/19/23
								

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

 

.  A U.S. appeals court rejected the Federal Trade Commission's request to pause Microsoft's $69 billion purchase of "Call of Duty" maker Activision Blizzard. The decision removes one of the few remaining hurdles stopping...				 
				 				
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The Antitrust Week In Review

				
Posted  07/13/23
								

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

 

.  The metaverse, shared virtual worlds accessible through the internet, has not triggered any concerns so far or the need for legislation to rein it in, EU antitrust chief Margrethe Vestager said. An initiative that...				 
				 				
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