This article follows up on an October 15, 2019 article by the author on a reported investigation by the DOJ Antitrust Division into possible ‘collusion’ by four carmakers in entering into a framework agreement with the State of California on emissions standards. What the government antitrust enforcers choose not to pursue may be as revealing…
At a historic moment in the country when political winds are doing flips, turning impossible corners and reaching even weather forecasting, it is imperative that law enforcement remain solidly grounded in fact and the law. An abiding hope, maybe now more than ever, and no less true for antitrust, especially given its economic and marketplace…
(An in-depth article on In re LIBOR and antitrust injury is available here under this title. The following is a preview of my article). (N.B.: In a coincidence of timing, on Jan. 28, 2015, the date of this posting and publication of the linked article, Judge Lorna Schofield of the federal district court for the…
(Note: In December 2012, the Department of Justice and the Federal Trade Commission held a Hearing on the impact of patent assertion entities (PAEs) on innovation and competition and the implications for antitrust enforcement policy. The Agencies then issued a Request for Public Comments on the topic of the Hearing. In response, on April 5th,…
On October 18, 2010, the U.S. Department of Justice and the State of Michigan sued Blue Cross Blue Shield of Michigan (“Blue Cross”), a not-for-profit insurance provider, under Section 1 of the Sherman Act and analogous state law to enjoin Blue Cross from including most-favored-customer (aka, ‘most favored nation’ (MFN)) clauses in its contracts with…
