NOVEL COURT RULING OFFERS INSIGHT INTO ANTITRUST EXEMPTIONS AND LEGITIMATE COMPETITOR COMMUNICATIONS
The District of Columbia District Court recently issued the first judicial interpretation of 49 US Code Section 10706(a)(3)(B)(ii), which sets out an evidentiary exemption relating to certain agreements among railroads. On...
CONCEDING THE BATTLE, BUT STILL WAGING THE WAR: FTC WILL CONTINUE TO TARGET PATENT LICENSING PRACTICES
It may be tempting to draw conclusions from the Federal Trade Commission’s (FTC’s) recent decision to abandon its antitrust case against Qualcomm, but companies should not construe that decision as an indication that the
A recent influx of proposed federal and state legislation seeks to strengthen and modernize the antitrust laws and expand antitrust enforcement. The political momentum behind these attempts reflects noisy bipartisan support...
DO THREE RIGHTS MAKE A WRONG? PRIVATE PARTY CHALLENGING CONSUMMATED MERGER CAN OBTAIN DIVESTITURE YEARS LATER
For the first time in history, a private party has successfully challenged an acquisition and obtained an order requiring a divestiture of a company that had been acquired years before the case was filed. In a highly...
FTC SUSPENDS GRANTS OF EARLY TERMINATIONS AND LOWERS MINIMUM THRESHOLD FOR REPORTING ACQUISITIONS
The Hart-Scott-Rodino (HSR) Antitrust Improvements Act 1976 (as amended) is the pre-merger notification statute for the United States. It requires parties contemplating certain types of transaction involving the acquisition...