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...
FTC UNDER ATTACK AS PARTIES CHALLENGE ITS STRUCTURE AND PARTICIPATION OF CHAIRPERSON
At a time when the Federal Trade Commission (FTC) states that it is overwhelmed with merger review matters, its very existence is being attacked in two distinct ways. In one challenge, a party to an FTC administrative...
FTC CHANGES TO MERGER REVIEW PROCESS: LIFEBOAT OR POLICY SHIFT?
The Biden Administration has sent strong signals of its desire to ramp up aggressiveness in merger enforcement, but a recent flood of filings has caused the Federal Trade Commission (FTC) to announce a couple of changes to...