USA Analysis

DOJ’s AT&T appeal may be undercut by a trial concession

DOJ’s AT&T appeal may be undercut by a trial concession

GCR USA - 16 July 2018

The government’s chances of successfully appealing the AT&T/Time Warner ruling are complicated by an apparent concession on efficiencies during the trial. William S Comanor – previously special economic assistant to the assistant attorney general for antitrust and director of the Federal Trade Commission’s bureau of economics – and Donald I Baker – former head of the DOJ’s antitrust division – explain.

Google and the transatlantic antitrust abyss

Google and the transatlantic antitrust abyss

GCR USA - 13 July 2018

Jonathan Rubin of MoginRubin and Christian Bergqvist, a law professor at the University of Copenhagen, conducted a comparative study on the different approaches antitrust authorities in the EU and US take when regulating dominant digital platforms such as Google. They observe that the EU in the Google shopping case applied a more encompassing legal standard for abuse than in past cases, which resembles the characteristically German ordoliberal approach, focused on impediments to the competitive market process and the preservation and promotion of consumer choice – rather than the consumer welfare standard that had heretofore been part of the transatlantic antitrust consensus.

Out of Sync?: DOJ’s Policy Reversal Towards SEPs Lacks Legal Support

Out of Sync?: DOJ’s Policy Reversal Towards SEPs Lacks Legal Support

GCR USA - 06 June 2018

In a series of recent statements, the US Department of Justice’s antitrust division has expressed an apparent policy shift regarding the application of competition law to the assertion of standard-essential patents subject to a commitment to license on fair, reasonable, and non-discriminatory terms. Orrick Herrington & Sutcliffe partner Jay Jurata and associate Emily Luken say the seeming reversal is troubling because it is out of sync with a large and growing body of US case law.

Patents may divide Trump’s FTC and DOJ

Patents may divide Trump’s FTC and DOJ

GCR USA - 23 May 2018

The leadership of the Trump Administration’s antitrust agencies is now in place and ready to enforce their vision of competition – including in the area of intellectual property. But past battles between the Department of Justice and the Federal Trade Commission indicate the potential for renewed disagreements on how to apply antitrust to patent rights.

Controversial new state law takes aim at excessive pharma prices

Controversial new state law takes aim at excessive pharma prices

GCR USA - 21 February 2018

In his battle against high drug prices, Joshua Auerbach has faced down his mission’s detractors.

Why Antitrust V: Percy Foreman, Pavarotti and plumbing parts

Why Antitrust V: Percy Foreman, Pavarotti and plumbing parts

GCR USA - 07 February 2018

In the fifth instalment of Wilson Sonsini Goodrich & Rosati partner Mark Rosman’s reminiscences about working for the Department of Justice’s antitrust division, the young prosecutor struggles to support a colleague (given the pseudonym "Jim McWilliams") while nailing a local cartel.

Amazon and Caremark could haunt CVS/Aetna

Amazon and Caremark could haunt CVS/Aetna

GCR USA - 06 December 2017

In the coming months, antitrust enforcers at the Department of Justice will decide whether and how CVS Health’s $69 billion acquisition of Aetna might harm consumers – a question shaded by a history of consolidation across the healthcare industry and the potential for new, powerful entrants to disrupt the industry.

Unidos Por Puerto Rico: Competitor collaborations in the wake of Hurricane Maria

Unidos Por Puerto Rico: Competitor collaborations in the wake of Hurricane Maria

GCR USA - 07 November 2017

Former Department of Justice Antitrust Division deputy Juan Arteaga describes how the US antitrust agencies will view the collaboration among competitors that they have acknowledged may be necessary to rebuild after a disaster, but also will scrutinise for antitrust violation.

All aboard the Antitrust Whistleblower Express

All aboard the Antitrust Whistleblower Express

GCR USA - 23 October 2017

After working together as prosecutors in the Department of Justice’s antitrust division, Robert Connolly and Kimberly Justice say, “It is time for a new cartel-busting tool – a whistleblower statute.”

Bass Pro/Cabela's: a case study of competitive retail mergers

Bass Pro/Cabela's: a case study of competitive retail mergers

GCR USA - 24 July 2017

On 3 July 2017, the Federal Trade Commission issued a no-action letter officially closing its investigation into the proposed merger of Bass Pro Group and Cabela's, two premier outdoor sporting goods retailers. O'Melveny & Myers's Ted Hassi and Lindsey Freeman were antitrust counsel to Bass Pro, and detail how the FTC's decision reflects a recent trend in antitrust enforcement agencies' approach to retail mergers.

Events

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GCR Live 8th Annual Antitrust Law Leaders Forum

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GCR Live Pharmaceuticals

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Regional Reviews

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The European, Middle Eastern and African Antitrust Review 2017

Highlights

EU: Directorate General for Competition

Johannes Laitenberger

Director General for Competition

EU: Abuse of Dominance

Cormac O'Daly and Frédéric Louis

WilmerHale
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Private Litigation 2018

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Germany

Martin Sura and Kim Lars Mehrbrey

Hogan Lovells

Portugal

Gonçalo Machado Borges

Morais Leităo Galvăo Teles Soares da Silva & Associados (Lisbon)

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