Last July, the Department of Justice Antitrust Division filed two actions, challenging proposed mergers that would have reduced the country’s “big five” health insurers to three. Bench trials have been held in these matters. On Monday, Judge John Bates of the federal district court in Washington, D.C. preliminary enjoined  Aetna Inc.’s $37 billion attempt to…

Introduction On a number of occasions the Court of Justice (CJEU) has been tasked with deciding how familiar concepts of competition law apply to novel facts.  In Eturas (Case C-74/14, judgment of 21 January 2016), questions of how concerted practices should be considered in the online world were referred to the CJEU for a preliminary…

As 2016 comes to a close, a number of important trends in antitrust have emerged that will likely have lasting effects on competition law enforcement in the coming years. A new administration will put its mark on federal antitrust policy, but the following five developments witnessed at the Department of Justice Antitrust Division and FTC…

There has been a lot of speculation about what impact the election of Donald J. Trump will have on antitrust enforcement over the next four to eight years. Some commenters have suggested that Trump’s rhetoric on the campaign trail signals dramatic changes. Candidate Trump spoke of blocking AT&T Inc.’s proposed acquisition of Time Warner Inc….

There has been much speculation about what a Trump presidency will mean for antitrust enforcement at the Antitrust Division and Federal Trade Commission.  Much of the wonder is about whether Trump will take an activist approach he suggested during the campaign, for example, when he said he thought Amazon had “a huge antitrust problem” and…

Long-stalled efforts proposed by some federal lawmakers to bring “reform” to the FTC will likely be reintroduced in the 115th Congress. With a Republican majority in both the House of Representatives and Senate, and President Donald J. Trump in the White House, measures that could not get sufficient support in in the current Congress and…

The Antitrust Writing Awards (AWAs) are a joint initiative between Concurrences Review and the George Washington University Law School. Nominations for the 2017 AWAs are now open. For the 6th consecutive year, Concurrences Review has brought together an impressive jury panel consisting of antitrust enforcers, professors, and in-house counsels to select the Best Articles and Best…

When I concluded by summer of 2015 that our next President would be Donald Trump, my closest friends and associates were skeptical. Having grown up in the New York media market and reading the “Art of the Deal” after college, I studied Donald Trump because he was interesting. You are free to see it differently,…

Earlier this month, the U.S. Supreme Court denied review of a handful of petitions in antitrust cases. Since that time, new petitions for certiorari have been filed in competition law cases with the hope that the High Court will add them to its docket. At this point, only one antitrust case is set to be…

In a press release issued on October 20, 2016, the Antitrust Division and the FTC issued antitrust guidance for human resource (HR) professionals and others who are involved in hiring and compensation decisions.   While the guidance on how the antitrust laws apply to hiring is useful, the big news in the press release is:…