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DOJ Agreement to Use Binding Arbitration to Resolve Merger Dispute Could Herald New Approach in Antitrust Enforcement

				
Posted  10/3/19
								

				 
								 				By Alex Cohen

Federal antitrust enforcers may be increasingly looking to arbitrators—instead of federal courts—to be the arbiters of competition law if a new approach in enforcement takes hold.

This approach was highlighted on September 4, 2019, when the Antitrust Division of the United States Department of Justice (“DOJ”) filed a complaint in the U.S. District Court for the Northern District of Ohio...				 
				 				
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The Antitrust Week In Review

				
Posted  09/30/19
								

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

.  The U.S. Justice Department will open an antitrust investigation of Facebook Inc., a person familiar with the matter said on Wednesday, marking the fourth recent antitrust probe of the social media company.  Facebook also faces...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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The Ninth Circuit’s Decision in hiQ v. LinkedIn: Data Scraping May Have a Future, But for How Long?

				
Posted  09/27/19
								

				 
								 				By Seth D. Greenstein

Do companies that gather public information have an obligation to make that information available en masse to would-be competitors?  Do competitors have a right to access those companies’ websites to get that information?  And do the interests in a free and open Internet prevail over the privacy of millions of citizens whose information is being “scraped” for commercial purposes they...				 
				 				
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A Rerun That Deserves to be Cancelled: DirectTV-DISH Merger Would Still Likely be Anticompetitive After All These Years

				
Posted  09/25/19
								

				 
								 				By Matthew L. Cantor

In 2002, Constantine Cannon’s founder, Lloyd Constantine, and I helped convince 23 State Attorneys General (both Democrats and Republicans), the Bush 43 Antitrust Division, and the FCC to block the proposed acquisition of DirecTV, Inc. by EchoStar Communications (which owns and operates the DISH network).  See 


			
	
		
		
	

 			




	
		
		

			

				
				
The Antitrust Week In Review

				
Posted  09/23/19
								

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

.  Spurred in part by former President Barack Obama's health care law, hospitals across the country have merged to form massive medical systems in the belief it would simplify the process for patients. But a simpler bill doesn't always guarantee a...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  09/16/19
								

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

.  The U.S. House Judiciary Committee plans to hold hearings and seek documents into the Justice Department’s decision to open an antitrust investigation into four major automakers’ voluntary agreement with California to adopt compromise vehicle...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  09/9/19
								

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

.  Facebook has barely shaken off a record $5 billion fine by U.S. regulators over its privacy practices, but it already faces new investigations — not to mention ongoing ones — into potential antitrust violations and other issues. Now, a group of state...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  09/3/19
								

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

. A federal appeals court revived lawsuits by aluminum purchasers that accused Goldman Sachs, JPMorgan Chase, mining company Glencore and other companies of conspiring to drive up prices for the metal by reducing supply. In...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  08/26/19
								

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

.  The Writers Guild of America filed claims last week in federal court alleging the entertainment industry's biggest talent agencies are violating antitrust and anti-racketeering laws, the latest move in a long and heated battle between those...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  International Competition Issues, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  08/19/19
								

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

 Senator Elizabeth Warren has called for the breakup of big tech companies like Facebook. Regulators have opened investigations into Facebook’s power in social networking. Even one of Facebook’s own founders has laid out a case for why the...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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