Information sharing between merging parties is a crucial part of pre-merger due diligence, yet courts have rarely weighed in to clarify when, if ever, such information exchanges run afoul of the…
News headlines suggesting an uptick in merger activity in 2010 were validated by the Federal Trade Commission's 33rd “Hart-Scott-Rodino (HSR) Annual Report,” which was released today by the FTC with…
The federal district court in New York City ruled last week that the Department of Justice was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation. The court approved a…
The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court…
The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.'s subsidiary NBC…
On October 18, 2010, the U.S. Department of Justice and the State of Michigan sued Blue Cross Blue Shield of Michigan (“Blue Cross”), a not-for-profit insurance provider, under Section 1 of the…
Antitrust plaintiffs asserting price fixing claims do not need a “smoking gun” to avoid dismissal of their complaint and proceed to discovery.
Yesterday, the U.S. Court of Appeals in Chicago decided…
Attendees at this fall’s American Bar Association Forum on Franchising meeting should be forgiven if they left San Diego a bit confused about antitrust trends in the practice area. That’s because two…
A decision from a divided U.S. Court of Appeals in Atlanta earlier this month continues the debate over the appropriate pleading standard for antitrust plaintiffs under Bell Atlantic Corp. v. Twombly…
The recent decision in Coalition for a Level Playing Field, LLC v. Autozone, Inc., 2010-2 Trade Cas. ¶ 77,182 (S.D.N.Y. Sept. 16, 2010) was a bit surprising to me. The essence of the case was…
