Time will tell whether it is a good idea to consummate an acquisition while the Department of Justice Antitrust Division is still investigating.
On May 10, the Antitrust Division filed a complaint in…
Asserting a breach-of-contract defense based on the illegality of the contact under the Robinson-Patman Act appears to be as difficult as successfully alleging a Robinson-Patman Act claim itself.…
Today, the Federal Trade Commission released a plan for dealing with a government shutdown that would occur if Congress fails to enact appropriations by a midnight deadline. A shutdown looked likely…
Microsoft Corporation has filed a formal complaint with the European Commission (EC) against Google Inc. as part of the EC's ongoing antitrust investigation into the search engine company. In a March…
It is traditional in beginning an article on antitrust law and intellectual property to note the tension―or, as some would put it, the conflict―when the two intersect. And there is certainly support…
Claims that E.I. du Pont de Nemours and Company attempted to wield, and did wield, monopoly power over the U.S. para-aramid fiber market in violation of Sec. 2 of the Sherman Act should not have been…
Including an arbitration agreement in a commercial or consumer contract that requires your customer to pursue only individual claims in the arbitral forum will not necessarily protect you from class-…
A decision to watch for this year is the Eighth Circuit’s pending consideration of FTC v. Lundbeck, Inc., 2010-2 Trade Cases ¶77,160; 2010 WL 3810015 (D. Minn. Aug. 31, 2010). (While I helped draft…
Soon after Jon Leibowitz became the head of the Federal Trade Commission in March 2009, he told attendees of the American Bar Association's Section of Antitrust Law Spring Meeting in Washington, D.C…
The FTC has suffered a setback in its challenge to Laboratory Corporation of America’s acquisition of Westcliff Medical Laboratories, Inc. The federal district court in Santa Ana, California, on…
