Antitrust Update

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We report three significant developments in antitrust law which have occurred since our last update in late April. As described below, the Federal Trade Commission (“FTC”) recently challenged a consummated transaction that was not reportable under the Hart-ScottRodino Act. In addition, the Supreme Court issued writs of certiorari in two antitrust cases-one which concerns the pleading standards for alleging an antitrust conspiracy and one which considers the appropriate standard for finding a violation of Section 2 of the Sherman Act for “predatory overbidding.”

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