Region: United States of America

Phillips less concerned with identity of companies when reviewing cases

Federal Trade Commission member Noah Phillips has said he is less worried about which entity is the target of enforcement action and “more concerned with conduct the company is undertaking”.

07 April 2021

Lacy swaps Simpson Thacher for Goodwin

Andrew Lacy has left Simpson Thacher & Bartlett to join Goodwin as a partner in Washington, DC.

06 April 2021

Supreme Court justices press NCAA about student-athlete compensation

Justices of the Supreme Court have expressed varying concerns about issues related to the compensation of student athletes, questioning the National Collegiate Athletic Association about its operation of a system that has been found to restrain competition for player talent.

01 April 2021

FTC “dusting off” old tools as SCOTUS reviews disgorgement authority, Slaughter says

Rebecca Kelly Slaughter has said the agency is already “dusting off tools that we haven’t used for a long time” – such as its ability to impose civil fines – in case the Supreme Court rules that the agency cannot seek monetary relief for consumers.

29 March 2021

FTC official: New vertical merger guidelines “a giant step forward” despite criticism

Despite diverging views on the antitrust agencies’ new vertical merger guidelines, they “are a giant step forward from the prior guidance” issued in 1984 and will remain in effect until they are rescinded or replaced, a Federal Trade Commission official has said.

26 March 2021

Key Republican opposes creation of digital markets regulator

Ken Buck, the ranking Republican on the House of Representatives’ antitrust subcommittee, has said conservatives’ “biggest fear” as Congress considers reforming antitrust laws is that a “mega-agency” will be created to oversee digital platforms.

26 March 2021

Powers: Antitrust Division is committed to improving diversity

Acting assistant attorney general Richard Powers has said the Antitrust Division is assessing its hiring practices and “identifying key areas for improvement” to ensure that its recruiting efforts aren’t “undermined by flaws”.

25 March 2021

Fourth Circuit affirms dismissal of class action against North Carolina hospital

The US Court of Appeals for the Fourth Circuit has ruled that a North Carolina-based hospital system is immune from antitrust damages because it qualifies as a local government under the Local Government Antitrust Act.

24 March 2021

The Jeld-Wen legacy

The US Court of Appeals for the Fourth Circuit recently issued a ground-breaking decision in the litigation between doormakers Jeld-Wen and Steves and Son, confirming a divestiture order in a private merger dispute for the first time. Winston & Strawn partners Susannah Torpey and Neely Agin explore how the ruling might be used by private plaintiffs to challenge allegedly anticompetitive deals in technology markets, while also highlighting some of the drawbacks to bringing these novel claims.

24 March 2021

Wilson: Qualcomm case should not lay foundation for removing FTC’s antitrust authority

Federal Trade Commission member Christine Wilson has said the circumstances around the agency’s Qualcomm case are “incredibly unique” and the matter should not form the basis for changing the structure of US antitrust enforcement.

22 March 2021

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