Last Friday, the 67th American Bar Association Section of Antitrust Law Spring Meeting wrapped up in Washington, D.C., with the annual enforcers roundtable. Much of the discussion by the heads of leading competition authorities at the closing program was focused on competition issues raised by the world’s tech giants. The heads of the Department of…

The U.S. Court of Appeals in Washington, D.C. last week concluded that the government failed to prove that the combination of AT&T Inc. and Time Warner Inc. would violate Sec. 7 of the Clayton Act. A decision of the federal district court in Washington, D.C. denying the Antitrust Division’s request to enjoin the deal has been affirmed….

It just got more difficult for states to recover attorney fees when challenging mergers jointly with the Federal Trade Commission. If an injunction is issued under Sec. 13(b) of the FTC Act to block the merger, then a state joining the FTC in a suit to block the merger is foreclosed from seeking attorney fees and…

In a decision pondering the adequacy of the Sherman Act to protect consumers from consciously parallel conduct among oligopolists, the U.S. Court of Appeals in Chicago upheld dismissal of a class action against containerboard manufacturers for conspiring to increase prices and reduce output between 2004 and 2010. Although the complaining direct purchasers offered bountiful circumstantial…

In a five-to-four decision yesterday, the U.S. Supreme Court ruled that the Department of Justice Antitrust Division and several states failed to prove that so-called “anti-steering” provisions imposed by American Express Company on merchants that accept AmEx cards harmed competition in violation of federal antitrust law. The Court, in an opinion authored by Justice Clarence…

In a decision that will have a significant impact on antitrust enforcement, particularly private damages actions against international cartels, a unanimous Supreme Court ruled that a federal court considering a case in which foreign law is relevant is not bound to defer to an official interpretation of the law offered by the foreign government. The decision…

The Department of Justice Antitrust Division wrapped up its case to block AT&T Inc.’s proposed acquisition of Time Warner Inc. last week, and lawyers for the defendants told the federal district court in Washington, D.C. that the government “came nowhere close” to proving that the deal would violate Sec. 7 of the Clayton Act. “The government ……

All four of President Trump’s nominees to serve on the FTC envision continued bipartisan cooperation at the Commission if they are confirmed. The pledges of bipartisanship were made by Joseph Simons, the FTC Chairman Designate, Rohit Chopra, Noah Joshua Phillips, and Christine S. Wilson at a nomination hearing before the Senate Committee on Commerce, Science,…

It’s shaping up to be a busy term for antitrust issues at the U.S. Supreme Court. The Court on January 12 decided to review a third antitrust case. In the context of a price fixing action against foreign vitamin C manufacturers, the Court will consider “whether a court may exercise independent review of an appearing…

The following post offers a look back at important trends in antitrust enforcement over the past year. Many of the significant developments that are detailed below, including merger challenges and leadership changes, will have a lasting impact on 2018 and beyond. MERGER ENFORCEMENT Department of Justice litigation. The biggest antitrust news story of 2017 was…