USA Analysis

Eight recommendations to improve the FTC’s competition mission

Eight recommendations to improve the FTC’s competition mission

GCR USA - 16 March 2017

A former adviser to Federal Trade Commission chairman Tim Muris, McDermott Will & Emery partner Bilal Sayyed calls on President Donald Trump to permanently appoint current acting FTC chairman Maureen Ohlhausen for a positive agenda consistent with his administration’s efforts to reform the regulatory state.

Class certification conundrum in the pharma field

GCR USA - 02 March 2017

Agreements between branded and generic drug makers for the latter to stay off the market for a certain period have become the basis for hundreds of “pay for delay” antitrust cases in the US; one observer opines that there may be more pending now than ever before.

Trump’s antitrust effect on the courts

GCR USA - 02 March 2017

President Donald Trump’s greatest influence on private antitrust enforcement is likely to stem from the judicial appointments he makes over the course of his administration. Along with appointing a justice to the Supreme Court, Trump will immediately have the responsibility of filling over 100 vacant or soon-to-be vacant positions in the lower courts, which antitrust observers have said were becoming more plaintiff-friendly under the Obama administration.

The great divide on market definition

GCR USA - 02 March 2017

In April 2010, four days before the Department of Justice (DOJ) and Federal Trade Commission (FTC) released their proposed update to the horizontal merger guidelines, Judge Maxine Chesney dismissed a private antitrust challenge to the merger of drugmakers Pfizer and Wyeth. She cited Supreme Court and other appellate rulings in explaining that the plaintiffs had failed to allege appropriately defined product markets.

Why Antitrust III: Step into the grand jury room

Why Antitrust III: Step into the grand jury room

GCR USA - 23 January 2017

In the third instalment of Mark Rosman’s reminiscences about working for the Department of Justice’s antitrust division, the Wilson Sonsini Goodrich & Rosati partner recalls his first time entering the grand jury room. It wasn't what he expected.

The Second Circuit’s Libor decision – a mixed bag

The Second Circuit’s Libor decision – a mixed bag

GCR USA - 17 August 2016

While the Second Circuit’s ruling in the Libor antitrust litigation may have seemed like a clear-cut victory for plaintiffs bringing claims under section 1 of the Sherman Act, Sheron Korpus and James Cain argue that the decision may be more complex than it seems.  

Eleanor Fox - An antitrust beacon in an ever-changing political and ideological landscape

Eleanor Fox - An antitrust beacon in an ever-changing political and ideological landscape

GCR USA - 13 June 2016

Baker & Miller co-founder Donald I Baker shared his thoughts at an 8 June conference on “Competition Policy at the Intersection of Equity and Efficiency,” honouring the scholarship of New York University law professor Eleanor Fox. Philip Marsden, an inquiry chair at the UK Competition & Markets Authority, delivered the remarks on Baker’s behalf.

Misuse of competition policy threatens legitimate patent rights

Misuse of competition policy threatens legitimate patent rights

GCR USA - 15 March 2016

Former general counsel to the US Senate antitrust subcommittee Seth Bloom  sees a place for antitrust enforcement in the licensing of standard-essential patents, but not against technology patent owners who made no promises about their royalty rates. He explains how proposals by foreign enforcers could undermine the next technology revolution.

Why antitrust: The witness and the mysterious bad breath

Why antitrust: The witness and the mysterious bad breath

GCR USA - 05 November 2015

In the second installment of Mark Rosman’s reminiscences about working for the Department of Justice’s antitrust division, the Wilson Sonsini Goodrich & Rosati partner and former prosecutor reflects on what he learned about practising criminal antitrust law.

The Big Four

The Big Four

GCR USA - 17 July 2015

This month, the US Department of Justice announced it is examining whether the country’s four largest passenger airlines conspired to restrict passenger capacity to keep fares high. Critics and lawyers leading a slew of proposed class action lawsuits now say the DoJ’s decision to approve a series of airline mergers helped to create an industry ripe for collusion. Yasmine Harik reports

The road ahead for merger enforcement

GCR USA - 25 June 2015

The current merger market has given the US antitrust authorities the room to look deep into mergers and challenge those they believe harm competition. Christopher Ondeck and Colin Kass, vice-chairs of the Proskauer Rose antitrust group, explore the agencies’ latest slate of merger challenges, and look ahead to the enforcers’ potential next steps. 

It Really Can’t Happen Here: How Gazprom highlights differences between US and EU law

It Really Can’t Happen Here: How Gazprom highlights differences between US and EU law

GCR USA - 28 April 2015

Randal Picker, the James Parker Hall Distinguished Service Professor of Law at the University of Chicago, says the European Commission’s case against Russian energy giant Gazprom shows that for all the points of commonality between US and EU antitrust law, certain aspects such as “unfair pricing” continue to divide the two jurisdictions.

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The European, Middle Eastern and African Antitrust Review 2017

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EU: Directorate General for Competition

Johannes Laitenberger

Director General for Competition

EU: Abuse of Dominance

Frédéric Louis and Cormac O'Daly

WilmerHale
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Antimonopoly & Unilateral Conduct

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Satyen Dhana, Christine Graham and Jacqueline Vallat

CMS Cameron McKenna (London)

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Thomas Graf and Alexander Waksman

Cleary Gottlieb Steen & Hamilton LLP

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