Topic: Due process

Illumina and Grail have challenged the Federal Trade Commission’s constitutionality as they seek to overturn its decision ordering their merger to be unwound.

07 June 2023

The UK’s Competition Appeal Tribunal has put the brakes on the Competition and Markets Authority’s hopes of compelling information requests from companies with no territorial connection to the UK. White & Case partners James Killick and Marc Israel consider the options for companies now faced with information requests and ponder if the tribunal’s ruling will have any limiting effect on an increasingly proactive antitrust enforcer.

19 May 2023

The Dutch antitrust authority was entitled to use secret phone recordings as evidence against three companies penalised for operating a cartel in the ship waste collection market, the European Court of Human Rights has ruled.

18 May 2023

Intercontinental Exchange and Black Knight’s challenge to the constitutionality of the Federal Trade Commission’s internal tribunal is irrelevant to the agency’s challenge in federal court, the latter has said.

18 May 2023

A Minnesota-based concrete executive has said the Department of Justice failed to prove the bid-rigging allegations against him, while joining a recent string of individuals who claim such criminal charges violate their constitutional rights.

10 May 2023

The Department of Justice has pushed back against a former engineering executive’s bid to overturn his bid-rigging conviction because the Sherman Act is unconstitutionally vague.

09 May 2023

Police equipment manufacturer Axon can challenge the constitutionality of the Federal Trade Commission’s administrative proceedings before those proceedings conclude, the Supreme Court has held.

17 April 2023

Allegations that the Federal Trade Commission colluded with international enforcers to block Illumina’s acquisition of Grail are merely an “implausible conspiracy theory”, agency staff have said.

27 March 2023

The EU’s highest court has annulled the European Commission’s dawn raids on supermarket chains Intermarché and Casino as the agency failed to record interviews it relied on as evidence to justify the searches before launching a formal probe.

09 March 2023

Illumina and Grail have argued that the Federal Trade Commission’s communications with foreign competition authorities when reviewing their merger are evidence of unconstitutional influence, bias and due process violations.

08 March 2023