One of the aspirations of many antitrust/competition lawyers worldwide is to achieve as much convergence as possible among competition authorities in enforcing competition law. Counseling companies and individuals who do business on a worldwide basis on the many differences in competition law can be inefficient, costly and result in less than optimal competition and deterrence…

Last week, the U.S. Supreme Court wrapped up its regular business for the October 2015 term, but not before deciding to put an antitrust case on the docket for the next term. In addition, a few antitrust petitions remain on the docket that could potentially lead to additional antitrust issues being addressed by the Court…

Fordham University School of Law will hold its 43rd Annual Conference on International Antitrust Law and Policy on September 22-23, 2016, at Fordham Law School in New York City. The topic will be the future of antitrust in Asia. There also will be a pre-conference antitrust economics workshop on September 21. The conference will begin…

On April 27, 2016 Hitachi Chemical Co., Ltd. was charged by the Antitrust Division in a one-count Information alleging that the company (through predecessor companies) engaged in a conspiracy to “fix prices and rig bids of certain electrolytic capacitors in the United States and elsewhere beginning at least as early as August 2002 and continuing…

The most recent edition of the ABA Antitrust Section’s Antitrust Law Journal has yet another thoughtful piece from Dick Steuer. Titled “Antitrust Overhaul” this is not the first time Steuer has covered a big-picture antitrust question in a thought-provoking, readable piece. Here, he suggests that an “overhaul” of the language of the U.S. antitrust laws…

In one sense the decision of the Third Circuit in Eisai v Sanofi-Aventis on 4 May was fairly unremarkable. Like those before it in Concord Boat, Allied Orthopedic, Southeast Missouri Hospital and others, the court rejected Eisai’s allegation that Sanofi’s loyalty discounts were an anticompetitive de facto exclusive dealing arrangement. Commentary immediately following the decision…

Ever since the incoming EU Competition Commissioner said that information was the new currency of the internet, antitrust commentators started to spill ink on the topic of Big Data and whether it was a Big Deal. The topic now seems to occupy a place on the agenda of many antitrust conferences – and as recently…

On April 27, 2016, the FTC entered an administrative complaint against Invibio, Inc., accusing it and its parent company, Victrex, of violating FTC Act Section 5 through exclusive dealing contracts. The companies agreed to a consent order, also issued that day. Because the antitrust aspects of exclusive dealing remain unsettled, practitioners (and their clients) would…

Protecting electronic networks and information systems against cyber-intrusions often requires real-time information sharing among private and governmental entities, but some in the cybersecurity community have expressed concerns in recent years that legal uncertainty has hampered information-sharing efforts. The U.S. Congress recently took steps to address these concerns by passing the Cybersecurity Information Sharing Act of…