On May 9, 2018 Deputy Attorney General Rod Rosenstein delivered remarks to the New York City Bar White Collar Crime Institute. He announced a new Department policy that encourages coordination among Department components and other enforcement agencies when imposing multiple penalties for the same conduct. The full prepared remarks are here. Below is an excerpt: Today,…
On April 9, the Antitrust Division of the Department of Justice held a public roundtable on the subject of criminal antitrust compliance. If any other Division of the DOJ had done this, it would not be particularly exceptional, but within the antitrust compliance world, it was significant—exciting even! Since at least the time of the…
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 ……
Whistleblowers who expose breaches of European Union law will be afforded greater protection from retaliation by companies and public authorities under a draft law proposed by the European Commission in April 2018. The draft Directive protects those who report violations of competition, public procurement, and data protection rules, as well as misdeeds such as money…
On April 11, 2018, the European Commission published a proposed new EU law as part of a package of consumer protection measures. The proposed new law would introduce the first Europe-wide consumer class action system, exposing companies in a broad range of industries to new risks with potentially huge financial implications. The proposed new law…
Over the past weekend, the Chinese legislature decided on a major restructuring of governmental agencies – with a profound impact on antitrust enforcement in the country. The restructuring plan was announced by the State Council – the equivalent of China’s cabinet – on 13 March 2018 and was approved by the legislature on 17 March….
Living Essentials LLC, the maker of 5-hour Energy drinks, has faced two recent suits in California federal courts alleging violations of Robinson-Patman’s prohibitions on price and promotional discrimination. The suits should teach other suppliers, especially those that sell to Costco, that private RP enforcement is alive and well and still requires careful planning of prices…
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,…
The voting deadline for the 2018 Antitrust Writing Awards has been extended to February 16. The Antitrust Writing Awards is a joint initiative between Concurrences Review and the George Washington University Law School. The deadline for submitting articles was December 2017, and nominations for more than 600 papers were received. The Awards Editorial Committee selected…
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…
