Authors: Steven Cernak and Luis Blanquez The FTC’s challenge of Altria Group’s proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press. Press coverage since that time has hit the latest developments but often missed the important…
Articles Posted in Antitrust News
Federal Court Denies Golfers’ Request for Order to Play in the FedEx Cup Playoffs
Author: Luke Hasskamp Two days before the FedEx Cup Playoffs—a federal court in San Francisco denied three players’ requests for an order allowing them to participate in the marquee event. Those three players—Talor Good, Hudson Swafford, and Matt Jones—had asked the court to immediately enjoin their recent suspensions, handed down…
China Makes Major Changes to its Antitrust Law
Author: Yang Yang. Ms. Yang is an Antitrust Partner at Fairsky Law Firm, which has a New York office. She is also a lecturer and researcher at China University of Political Science and Law. She authored a treatise on China Merger Control and is a member of the expert advisory…
Distribution Agreements: Quick Look at What’s New on Vertical Agreements and Antitrust in the European Union
Authors: Luis Blanquez and Steve Cernak The adoption of the new Vertical Block Exemption Regulation and Guidelines has created a hectic few months in the European Union for those in the world of antitrust and distribution agreements. 1. The European Commission updates existing vertical rules On May 10, 2022, the…
Is the PGA’s Suspension of 17 Players Out of Bounds Under the Federal Antitrust Laws?
Authors: Luke Hasskamp and Molly Donovan We often write about sports and antitrust and have previously written about professional golf, and, specifically, the legal implications of a competitor golf league trying to break onto the scene: The PGA Tour faces off with the Premier Golf League: An Antitrust Problem? Is…
Is Antitrust Litigation the Next Stop in the PGA Tour’s Battle with the Upstart LIV Golf League?
Author: Luke Hasskamp Hello, friends. Let’s talk about some of the latest developments in the world of professional golf, at least from an antitrust perspective. Last spring I wrote about the PGA Tour’s response to a potential competitor golf league. The new league promised to shake up professional golf, guaranteeing…
Updates to the DOJ’s Leniency Policy and Related FAQs: Some Changes are Good, Some Don’t Go Far Enough
Author: Molly Donovan Yesterday the DOJ’s Antitrust Division announced updates to its Leniency Policy and issued nearly 50 new FAQs, and related responses, regarding its leniency practices. One welcome development is that the new FAQs clarify some the DOJ’s positions concerning ACPERA—the statute designed to limit an amnesty company’s potential…
State Action Immunity and Active Supervision: The Ninth Circuit Rejects the Board’s Claim for Immunity and SmileDirectClub Wins Again
Author: Luis Blanquez Just weeks before our ABA antitrust panel on State Action Immunity takes place in Washington DC, the Ninth Circuit Court of Appeals has allowed SmileDirectClub to proceed against the members of the California Dental Board for antitrust violations, rejecting the board’s immunity claim on active supervision grounds.…
Observations on the Court’s Rejection of Facebook’s Motion to Dismiss the FTC’s Amended Antitrust Complaint
Author: Jarod Bona The FTC filed an antitrust lawsuit against Facebook (now Meta Platforms Inc.). Judge James E. Boasberg dismissed it. The FTC then filed an amended complaint. And the same judge just denied Facebook’s motion to dismiss that complaint. The FTC alleges that Facebook has a longstanding monopoly in…
New York 21st Century Antitrust Act: The Donnelly Act might become European!
Author: Luis Blanquez “The legislature hereby finds and declares that there is great concern for the growing accumulation of power in the hands of large corporations. While technological advances have improved society, these companies possess great and increasing power over all aspects of our lives. Over one hundred years ago,…