In the last 12 months, the Department of Justice Antitrust Division has announced 19 new criminal cases. All of the cases focused on local markets. While this is not entirely new, it is in stark contrast to the global cartel cases, such as the auto parts cases, from a decade ago, or even the the…
The U.S. Supreme Court this term will hear arguments in a case questioning whether respondents in a Federal Trade Commission proceeding can challenge the constitutionality of the FTC’s procedures and structure in federal district court while an administrative action is pending or whether they must wait for appellate court review of a Commission cease-and-desist order….
With 2021 coming to a close, a look back at antitrust legislation introduced in Congress over the last year will provide a sense of what new antitrust laws could come in 2022. More than a dozen bills are currently pending in Congress that could impact the future of antitrust law. Bipartisan support for strengthening the…
As tributes pour in for U.S. Supreme Court Justice Ruth Bader Ginsburg following news of her passing on September 18, the jurist is being remembered for her efforts to support women’s rights. This post is intended to provide a look back at Ginsburg’s contributions to antitrust law during her time on the High Court from…
The U.S. Department of Justice Antitrust Division has issued more business review letters in 2020 than in any year since 2002. Recent years have averaged only one letter. So why is there this sudden interest in a statement of the Antitrust Division’s enforcement intentions with respect to proposed business conduct? Concerns about how the Antitrust…
Medical supply distributors McKesson Corporation, Owens & Minor Inc., Cardinal Health Inc., Medline Industries Inc., and Henry Schein Inc. have received approval from the Department of Justice Antitrust Division to collaborate on manufacturing, sourcing, and distributing personal-protective equipment (PPE) and coronavirus-treatment-related medication. On April 4, the Antitrust Division issued to these companies its first business…
The FTC and State of Pennsylvania on February 28 moved to block the proposed merger of Jefferson Health and Albert Einstein Healthcare Network, two leading providers of inpatient general acute care hospital services and inpatient acute rehabilitation services in the Philadelphia area. The FTC issued an administrative complaint alleging that the proposed merger would reduce…
The FTC’s authority to seek permanent injunctive relief and monetary relief under Section 13(b) of the FTC Act is being called into question. While more commonly used in consumer protection cases, Section 13(b) has been used by the FTC to seek injunctive relief and equitable relief in competition cases as well. Just this week, the…
Consent decree reform has been a hallmark of the Makan Delrahim Antitrust Division. For two years, the head of the Department of Justice Antitrust Division has undertaken efforts to terminate legacy consent decrees and to streamline consent decree enforcement procedures. The agency has retired hundreds of legacy antitrust judgments. Currently, the agency is seeking to…
Traditionally, September has been a month in which the heads of the federal antitrust agencies speak at annual conferences, highlighting their agencies’ accomplishments. This September was no exception. Earlier this month, both Makan Delrahim, Assistant Attorney General in charge of the Antitrust Division, and FTC Chairman Joe Simons discussed their plans for releasing antitrust guidance…
