Region: United States of America

DOJ calls for Ninth Circuit to vacate ruling in favour of California dental board

The Department of Justice has urged an appellate court to vacate and remand a lower court's ruling saying that SmileDirectClub has not adequately alleged that members of the Dental Board of California illegally conspired to hurt the company’s business.

04 December 2020

EU seeks collaboration with Biden administration on digital markets

The European Commission is calling on President-elect Joe Biden’s incoming administration to revamp transatlantic dialogue to strengthen antitrust enforcement in digital markets.

03 December 2020

Goodwin, Quinn Emanuel and Wachtell advise on Salesforce/Slack deal

Goodwin Procter and Quinn Emanuel Urquhart & Sullivan are advising Slack on antitrust issues related to its $27.7 billion sale to Salesforce.com, while the cloud-based software company has turned to Wachtell Lipton Rosen & Katz for competition counsel.

03 December 2020

Accelerating change: The Tipline for 3 December 2020

During GCR Interactive: Foreign Investment and Protectionism yesterday, US practitioners emphasised that heavier scrutiny of Chinese transactions began during the Obama administration, not the Trump administration. The outgoing president “just really accelerated the change in thinking”, said Arent Fox partner David Hanke. Their comments came as a bipartisan committee on China suggested that the Federal Trade Commission develop a process to measure how foreign government subsidies facilitate proposed mergers. Also in Tipline, FTC commissioner Rohit Chopra wants to use so-called crown jewel provisions in consent decrees and a DC court sends the Department of Justice back a step in its fight against Google.

03 December 2020

Forex claimants secure convicted ex-trader as expert

Courts in London and New York have allowed claimants seeking antitrust damages from banks accused of rigging foreign exchange rates to use former Barclays trader-turned-whistleblower Jason Katz as a consultant.

02 December 2020

Policy is personal: The Tipline for 2 December 2020

It is often said that “personnel is policy”. With a change of administrations in process, the world is closely watching as President-elect Joe Biden selects his policy teams, hoping to catch a hint of what the 46th president has in store. While his choices so far largely resemble a reunion of the Obama administration, it appears that Biden will have some progressive antitrust minds by his side come January. Also in Tipline, GCR USA commemorates Mayer Brown partner Mark Ryan, the first director of litigation at the Department of Justice’s antitrust division.

02 December 2020

Mark Ryan, 1955-2020

The antitrust community is mourning the loss of Mayer Brown partner Mark Ryan, who died on 30 November at the age of 65.

02 December 2020

The competitors of tomorrow: The Tipline for 1 December 2020

We’re taking bets on the antitrust buzzwords of 2021 and “nascent” could be in the running. Or maybe not. The word appeared nine times in the Department of Justice’s complaint against the Visa/Plaid transaction but did not appear at all in Visa’s answer to the agency’s allegations.

01 December 2020

Visa defends merger with Plaid, slams DOJ’s “potential competition” theory of harm

Visa has said its acquisition of Plaid would result in significant benefits “that simply dwarf the highly remote and speculative risk of anticompetitive effects” that the Department of Justice has alleged will stem from the transaction.

01 December 2020

Taxation without consolidation: The Tipline for 30 November 2020

The Department of Justice’s antitrust division often claims that its actions are designed to protect the American taxpayer. The agency’s conditional approval of Intuit/Credit Karma last week signalled a more direct approach to upholding that virtue, requiring the merging companies to sell Credit Karma’s free do-it-yourself tax preparation kit to Square. Unfortunately for readers in Washington, DC, the DOJ’s consent decree is not accompanied by any meaningful representation in Congress. Also in Tipline, two of the largest US book publishers announce plans to merge and the US Supreme Court prepares for oral arguments in a trio of antitrust-relevant cases.

30 November 2020

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