Close

The Antitrust Attorney Blog

Updated:

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,…

Updated:

Classic Antitrust Cases: Leegin and Resale-Price Maintenance Agreements

Author: Jarod Bona Some antitrust questions are easy: Is naked price-fixing among competitors a Sherman Act violation? Yes, of course it is. Indeed, it is a per se antitrust violation. But there is one issue that is not only a common occurrence but also a source of great controversy among antitrust…

Updated:

Draft Amendment to Chinese Antitrust Law Calls for Further Clarifications

Author: Yang Yang Ms. Yang is an Antitrust Partner at Fairsky Law Offices in Shangai. 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 team for Amendments to…

Updated:

FTC Continues to Unilaterally Repeal the HSR Merger Review Process

Author:  Steven J. Cernak The Federal Trade Commission continues to take subtle steps that, in total, will end up significantly changing the merger review process under the Hart-Scott-Rodino Act. We have already covered some of the earlier actions:  withdrawal of the 2020 Vertical Merger Guidelines, withdrawal of one long-standing HSR…

Updated:

Classic Antitrust Cases: National Society of Professional Engineers v. United States, 435 U.S. 679 (1978)

Author: Jarod Bona As an antitrust attorney, over time you see the same major cases cited again and again. It is only natural that you develop favorites. Here at The Antitrust Attorney Blog, we, from time-to-time, highlight some of the “Classic Antitrust Cases” that we love, that we hate, or…

Updated:

A Book Right for Our Time: Review of Getting Out of Control by Neil Chilson

Author: Steven J. Cernak How do you tie together evolution, the wave, and market prices?  As Neil Chilson explains in his brilliant little book, Getting Out of Control, all are examples of emergent order.  While Chilson is a former FTC leader, this book is not just for antitrust and consumer…

Updated:

Supply Chain Issues and Antitrust

Author:  Steven J. Cernak Remember when UPS ran TV commercials, complete with jingles, trying to make logistics something that everyone cares about? No need now. Now, everyone knows how supply chain issues can affect toilet paper supplies, microchips for cars and, perhaps, even make Santa late with toys and decorations…

Updated:

Antitrust Merger Control in China: Notifiable Transactions under the People’s Republic of China Anti-Monopoly Law

Author: Yang Yang. Ms. Yang is an Antitrust Partner at Fairsky Law Offices in Shangai. 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 team for Amendments to…

Updated:

The FTC withdraws Vertical Merger Guidelines. Will it take on big-tech small acquisitions next?

Authors: Steven Cernak and Luis Blanquez FTC Chairwoman Lina Khan keeps up her frenetic crusade to change the practice of antitrust enforcement. The new––and surely not last––change: the vertical merger guidelines. On Wednesday, September 15, 2021, the FTC held an open virtual meeting to discuss the following: Proposed Withdrawal of…

Updated:

Facebook Wins First Antitrust Battle: The FTC and State Enforcers Fail to Establish (For Now) Facebook’s Monopoly on Social Media Networks (with update)

Authors:  Steven J. Cernak and Luis Blanquez In late 2020, the Federal Trade Commission (FTC) and the attorneys-general (AGs) from 48 states filed nearly identical antitrust lawsuits against Facebook for stifling competition by acquiring potential competitors, mainly Instagram in 2012 and WhatsApp in 2014, and for enforcing policies that blocked…