On March 27, 2013, the Supreme Court, in an opinion by Justice Scalia, held that putative antitrust class plaintiffs must affirmatively establish that damages are capable of measurement o...
In a case that potentially has important implications for U.S. antitrust enforcement and for U.S. trade relations with the People’s Republic of China, this month a New York jury found C...
After more than a decade of litigation in the lower courts, the Supreme Court yesterday heard oral argument in a case of considerable consequence to the pharmaceutical industry. The issue...
Looking back at 2012, four years after China implemented its Anti-Monopoly Law (“AML”), we can discern some important ways in which China’s antitrust regime today both mirrors and d...
The memorandum addresses recent changes to both the HSR premerger notification filing thresholds and the thresholds that trigger, under Section 8 of the Clayton Act, a prohibition prevent...
Section 7 of the Clayton Act, enacted in 1914 and amended in 1950, is the principal US antitrust statute governing mergers and acquisitions. Section 7 prohibits acquisitions of assets or ...
The Federal Trade Commission (“FTC”) yesterday fined Biglari Holdings, Inc., a publicly traded diversified holding company (“Biglari”), $850,000 to settle allegations that it viol...
On August 13, 2012, the Federal Trade Commission published a notice of proposed rulemaking, setting forth proposed amendments to the Hart-Scott-Rodino Premerger Notification Rules aimed a...
The U.S. Court of Appeals for the Seventh Circuit (the “Court”) recently potentially expanded the extraterritorial reach of the U.S. antitrust laws. Its unanimous en banc decision in ...
Brazil recently launched its revamped antitrust regime, which now requires, for the first time in Brazil, that parties to a merger or acquisition — including minority acquisitions — o...
