ARBITRATION OF ANTITRUST DISPUTES
It has long been settled that private antitrust disputes are arbitrable. In 1985, the US Supreme Court ruled that antitrust disputes are arbitrable if the claims are “encompassed within a valid arbitration clause in an...
On 18 January 2022, with less than 24 hours’ notice to the public, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) held a joint press conference to announce that they were beginning to redevelop...
With the recent confirmation of Jonathan Kanter as assistant attorney general in charge of the antitrust division of the Department of Justice (DOJ), the Biden administration finally has leadership at the world’s largest...
PROGRESSIVE ANTITRUST AGENDA ON PRICING: SILENCE BEFORE THE STORM?
Most of the recent attention to antitrust policy and enforcement has centred on mergers and big tech. The discussion usually involves analysis of the application of the “progressive” agenda to reinvigorate what is...
MERGER REVIEW: FTC ATTEMPTS TO CORRECT “FAILED EXPERIMENT”
The past three months have seen a variety of pronouncements from voices throughout the Biden Administration about the need to reform antitrust enforcement and, in particular, the need to reform the framework for assessing...