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Jeffrey May  (Wolters Kluwer)
McSweeny Confirmed by Senate to Fill Vacancy at FTC, Will Give Democratic Majority to Commission
April 09, 2014

The Federal Trade Commission will soon be back to having a full complement of five commissioners. Today, the U.S. Senate, by a vote of 95 to 1, confirmed Terrell McSweeny to fill a vacancy at the…

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Jeffrey May  (Wolters Kluwer)
Enforcers Update Spring Meeting Attendees on Latest Antitrust Developments
April 03, 2014

In case you missed some of those morning sessions at the American Bar Association Section of Antitrust Law Spring Meeting last week, here are some of the highlights from the updates with federal and…

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Marc Abenhaïm  (Sidley Austin LLP)
Note on a Missed Opportunity for the Administration of Justice Across Europe
March 25, 2014

About ten days ago, the Council of the EU failed to reach an agreement on the proposed increase in the number of judges sitting at the General Court of the European Union.  The Council thus buried ‑…

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Steven J. Cernak  (Bona Law PC)
OTA Case Turns Out to Be Less about MFNs and More about Agreement
March 06, 2014

Back in September 2012, the potential anticompetitive aspects of most favored nation (MFN) clauses was the hot antitrust topic.  While antitrust counselors (and courts) had found the clauses to be…

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John McGuinness  (Manatt, Phelps & Phillips)
Swipe Fee Settlement Yields More Litigation
February 14, 2014

Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far from over. The protracted…

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David Balto  (Law Offices of David A. Balto)
FTC's Winning Streak Is Over
February 12, 2014

Six months ago in Can the FTC Be a Fair Umpire? I wrote about the concerns arising from the Federal Trade Commission’s dual role as prosecutor and final decision maker in its administrative…

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Steven J. Cernak  (Bona Law PC)
Why the FTC’s McWane Opinions Raise More Questions Than They Answer
February 11, 2014

The Federal Trade Commission is meant to be, and is, an expert body on antitrust laws.  So, when a case like McWane—that raises both collusion and exclusion issues—is in front of the FTC, it seems…

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Mark Katz , Davies Ward Phillips & Vineberg LLP
Competition Law and Foreign Investment Review in Canada – Top 10 Issues for 2014
February 04, 2014

In our annual forecast of the year ahead for Canadian competition and foreign investment review law, the Davies Competition Law and Foreign Investment Group outlines the “Top 10″ key issues and…

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Jeffrey May  (Wolters Kluwer)
Combination of Idaho’s Largest Health System and Largest Physician Practice Must Be Unwound
January 27, 2014

Within the span of about two weeks, each of the federal antitrust agencies has been handed a major win in their merger enforcement efforts. Last Friday, it was the Federal Trade Commission's turn.…

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Jeffrey May  (Wolters Kluwer)
High Court Rejects Removal of Mississippi Antitrust Suit as Mass Action under Class Action Fairness Act
January 21, 2014

A price fixing action filed by the State of Mississippi as the sole named plaintiff was not a "mass action" under the Class Action Fairness Act (CAFA), even though the state sought restitution for…

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