USA Analysis

A little smoke, but no fire

A little smoke, but no fire

GCR USA - 24 June 2020

How does a federal enforcer protect competition in a federally illegal market? As cannabis transitions from an unlawful substance to a prescribed medical treatment and recreational drug now legal in several states, Spencer Parts examines how the Department of Justice’s antitrust division has been policing the fledgling industry.

Analysis: Lamictal highlights increased class action scrutiny in pharma cases

Analysis: Lamictal highlights increased class action scrutiny in pharma cases

GCR USA - 15 May 2020

The US Court of Appeals for the Third Circuit on 22 April vacated class certification in a lawsuit alleging that GlaxoSmithKline and Teva suppressed generic competition to Lamictal, an anticonvulsant used to treat epilepsy and bipolar disorder. White & Case partner Michael Hamburger, senior associate Adam Acosta and associate Gina Chiappetta analyse how the appellate court’s decision fits into a broader trend of courts clamping down on class certification in pharmaceutical cases.

First in the nation

First in the nation

GCR USA - 02 February 2020

Amid steady consolidation and weak commodity prices in the agricultural industry, some Democrats are trying to bring trust-busting to centre stage. Spencer Parts zeroes in on the scene in Iowa – the first state to vote on contenders in presidential primaries.

Illumina/PacBio: killing a killer acquisition, or the birth of nascent competition enforcement?

Illumina/PacBio: killing a killer acquisition, or the birth of nascent competition enforcement?

GCR USA - 22 January 2020

Coordinated action taken by the US Federal Trade Commission and the UK Competition and Markets Authority against Illumina’s proposed acquisition of Pacific Biosciences indicates that both antitrust enforcers are significantly increasing their focus on deals involving nascent competition. Other agencies are likely to follow suit. Crowell & Moring partners Alexis Gilman, Sean-Paul Brankin, Olivier Antoine, and associates Evi Mattioli and Eric Ashby look at the aggressive enforcement theories behind scrutiny of this merger.

The competition-privacy collision

The competition-privacy collision

GCR USA - 13 December 2019

As political pressure builds for competition enforcers to protect consumers’ privacy, Cadwalader Wickersham & Taft partner Joel Mitnick and associate Monica Martin look at whether US antitrust law provides the means to do so.

A tale of two trials: how the DOJ prosecuted Forex traders

A tale of two trials: how the DOJ prosecuted Forex traders

GCR USA - 25 November 2019

Key differences in available witness testimony, permissible defence arguments and additional agency experience may have enabled the Department of Justice to obtain a guilty verdict in its second trial against currency traders, some antitrust practitioners have said.

Why Antitrust VI: Easy to prove, hard to win

Why Antitrust VI: Easy to prove, hard to win

GCR USA - 08 October 2019

In this sixth instalment of Wilson Sonsini Goodrich & Rosati partner Mark Rosman’s reminiscences about working for the Department of Justice’s antitrust division, he learns in his first case as lead attorney the value of relaxing the witness.

Year in preview: antitrust on a “blue wave”

Year in preview: antitrust on a “blue wave”

GCR USA - 15 February 2019

For the first time in eight years, Democrats control the US House of Representatives and its antitrust subcommittee. With that comes a bully pulpit, but also a big stick of investigation and potentially legislation.

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.