USA News

SCOTUS will hear direct challenge to FTC disgorgement authority

SCOTUS will hear direct challenge to FTC disgorgement authority

GCR USA - 14 July 2020

The Supreme Court has agreed to hear two cases on whether the Federal Trade Commission can seek monetary relief for violations of the FTC Act.

Coal-hearted: The Tipline for 14 July 2020

GCR USA - 14 July 2020

Those hoping to spend their Monday listening to the Federal Trade Commission’s quest to block a joint venture between Peabody Energy and Arch Coal found themselves heartbroken. A 10-day preliminary injunction hearing was scheduled to start yesterday, but the federal courthouse in St Louis, Missouri, was closed after a security officer tested positive for covid-19. The litigating parties are set to resume in-person today while GCR USA tunes in live from its home office.

Wu: Market share caps would improve enforcement

Wu: Market share caps would improve enforcement

GCR USA - 13 July 2020

Columbia university law professor Tim Wu has said clearer guidance on impermissible market shares could improve antitrust enforcement.

Alabama all alone: The Tipline for 13 July 2020

GCR USA - 13 July 2020

California is the nation’s most populous state and home to some of its largest companies – and now also reportedly one of the many states investigating Google for potential antitrust violations. It is going its own way, however, probing separately from the 48-state group led by Texas that launched its investigation last year. That leaves Alabama as the only state not investigating the tech company. In today’s Tipline we have updates on the Texas-led investigation, plus Tim Wu’s views on using antitrust law to counter market concentration, and much of Oklahoma’s new pharmacy benefit manager rules surviving a preliminary injunction request.

Generic pharma plaintiffs say states’ Teva case should be among first tried

Generic pharma plaintiffs say states’ Teva case should be among first tried

GCR USA - 10 July 2020

Drug purchasers suing generic pharmaceutical companies for an alleged antitrust conspiracy have told a federal judge that the case brought by a large group of state attorneys general centred on Teva Pharmaceuticals should be among the first to go to trial.

Transformers, roll-up: The Tipline for 10 July 2020

GCR USA - 10 July 2020

The antitrust agencies’ annual report to Congress on the Hart-Scott-Rodino deal-notification programme typically isn’t much of an occasion. This year things got interesting on two fronts: the report gave insight into whistleblower allegations that the Department of Justice investigated marijuana deals for non-competition reasons and Commissioner Rohit Chopra of the Federal Trade Commission issued a statement on the report saying anticompetitive “roll-up” deals are flying under the radar. There’s more on the HSR report in today’s Tipline, plus updates on bellwether trials for allegations of price-fixing by generic drugmakers and DOJ amicus participation in a utilities monopolisation case.

Chopra argues for more expansive antitrust remedies

GCR USA - 09 July 2020

Antitrust enforcers should use “holistic” remedies that borrow from data protection regulators to target digital platforms, including mandatory IP licensing and even the cloning of companies, Federal Trade Commission member Rohit Chopra has said.

DOJ: Active supervision test does not intrude on state sovereignty

DOJ: Active supervision test does not intrude on state sovereignty

GCR USA - 09 July 2020

The Department of Justice has argued that antitrust enforcement against members of Alabama’s dental board does not impose on the state’s sovereignty.

Friend of the court: The Tipline for 9 July 2020

GCR USA - 09 July 2020

The Antitrust Division has been busy making its views known under Assistant Attorney General Makan Delrahim, opposing its sister agency’s case against Qualcomm and intervening in matters as far away as the UK. Yesterday, Delrahim joined the action himself as he argued for both federal antitrust agencies on a challenge to Alabama’s dental regulations. Also in today’s Tipline, the US agencies clear Just Eat Takeaway’s purchase of Grubhub and the Federal Trade Commission reflects on the first six months of 2020.

Axinn, Wilson Sonsini and Simpson Thacher lead for Sunrun/Vivint

Axinn, Wilson Sonsini and Simpson Thacher lead for Sunrun/Vivint

GCR USA - 08 July 2020

Sunrun has tapped Axinn Veltrop & Harkrider to handle antitrust guidance for its purchase of home solar energy rival Vivint, which has turned to Wilson Sonsini Goodrich & Rosati and Simpson Thacher & Bartlett.