Legislators at many levels of government in the United States have proposed prohibiting the use of software algorithms that depend on non-public data from competitors to assist sellers in making…
Recently the Justice Department’s Antitrust Division and the FBI jointly announced the launch of a new online portal for information on international fugitives who have been charged with antitrust…
The Supreme Court has now denied cert in three different challenges to the per se rule in criminal antitrust cases, the latest being the denial of the cross-cert petition by Brent Brewbaker. It is…
There has been a series of announcements by the Department of Justice of pilot programs designed to lure “insiders” to expose crimes, particularly financial crimes. The first announcement was a new…
This Episode Is About: Residential Real Estate and Antitrust
Why: A settlement has been reached between the National Association of Realtors (or NAR) and the class action plaintiffs that would…
I have not written a blog post in some time. Been busy, or perhaps a bit lazy, but the Fourth Circuit opinion in United States v. Brewbaker, __ F. 4th __(4th Cir. 12/1/2023), 2023-2 Trade Cases ¶82…
The U.S. Supreme Court this term will hear arguments in a case questioning whether respondents in a Federal Trade Commission proceeding can challenge the constitutionality of the FTC’s procedures and…
The Antitrust Section of the American Bar Association’s 14th International Cartel Workshop took place over June 27-29, 2022 in Lisbon, Portugal. By all accounts the conference was a success and well…
I have no expertise in predicting whether the Supreme Court will grant certiorari on any given petition. But I am hopeful that the high court will do so on the issue of whether the application of the…