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Articles Posted in Department of Justice

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Antitrust Agency Publishes Revised HSR Notification Thresholds and Filing Fees For 2025

Authors: Steven Cernak and Luis Blanquez On January 10, 2025, the Federal Trade Commission (FTC) issued its usual annual announcement to increase the Hart-Scott-Rodino (HSR) Act thresholds. The 2025 thresholds will take effect 30 days after publication in the Federal Register, which means February 10, 2025. HSR requires the parties…

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Understanding Antitrust Scrutiny: Lessons from United States v. American Airlines and JetBlue

Author: Sabri Siraj In a landmark decision, the U.S. Court of Appeals for the First Circuit upheld a district court ruling to permanently enjoin the Northeast Alliance (NEA) between American Airlines and JetBlue Airways. This case offers key insights into the relationship between joint ventures and antitrust and the standards…

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Mergers & Acquisitions, AI and Antitrust: The New Creative Ways for Big Tech to Enter the AI Market and Avoid HSR Rules

Author: Luis Blanquez Two of the main pillars from the Biden Administration Antitrust Policy in 2023 have been an aggressive merger enforcement agenda and its crusade against Big Tech and vertical integration. On the merger side, the Department of Justice (DOJ) and Federal Trade Commission (FTC) have published new Merger…

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New Antitrust Cases and Statements of Interests About Algorithmic Collusion

Author: Luis Blanquez We recently wrote about the Federal Trade Commission’s blog post explaining how relying on a common algorithm to determine your pricing decisions might violate Section 1 of the Sherman Act. The FTC has Algorithmic Price-Fixing in its Antitrust Crosshairs It was just a matter of time until…

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The Apple Store is in the Crosshairs of US and EU Antitrust and Competition Enforcers

Author: Luis Blanquez Apple is currently feeling the heat from antitrust authorities all over the world. Probably more than ever. Below is an article we recently published in the Daily Journal discussing in some detail the last developments in the Epic Games saga, both in the EU and the US.…

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Bona Law Members Help Lead the 2024 ABA Antitrust Law Section Spring Meeting

Authors: Steve Cernak, Kristen Harris, Pat Pascarella, Ruth Glaeser, Luis Blanquez The American Bar Association Antitrust Law Section’s annual Spring Meeting in Washington DC is April 10-12 this year. Each year, the Spring Meeting has dozens of panels and events and generates numerous receptions — formal and informal — as…

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Did You Receive an FTC or DOJ Subpoena? Be Sure To Preserve Everything Ephemeral

Authors: Steven Cernak & Molly Donovan The Federal Trade Commission and the Department of Justice are reminding companies that, in responding to grand jury subpoenas and second requests, there is an obligation to preserve data and communications created using “new methods of collaboration and information sharing tools, even including tools…

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Tell Me You’ve Never Run An Antitrust Compliance Program Without Telling Me You’ve Never Run An Antitrust Compliance Program

Author: Steven Cernak The Department of Justice’s challenge of certain Google actions raises interesting antitrust questions. But during the first week of the trial, the biggest issue seemed to be one aspect of Google’s antitrust compliance program. Some commentators were shocked to discover that Google’s lawyers advised the employees to…

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Bid Rigging in the Construction Industry: The California Department of Transportation and Michigan Asphalt Paving Cases

Author: Luis Blanquez What is Bid-rigging? The DOJ describes bid rigging as an agreement among competitors as to who will submit the most competitive bid and who won’t, i.e., who should win and who should lose, in a competitive bidding situation. Typically, bid rigging occurs when a purchaser solicits bids…

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Antitrust for Kids: Back to School with Tough New Rules—The Draft Merger Guidelines

Author:  Molly Donovan You may remember Gordon—in many ways, he was dominant in the 5th grade, and though his behavior was questionable at times, he was very popular. I’m writing this story because Gordon is starting a new school year and has ascended to MIDDLE SCHOOL. Very cool, but very…