On January 10, 2020, the U.S. Department of Justice and Federal Trade Commission released a long-awaited draft of new Vertical Merger Guidelines. The draft Guidelines are broadly consist...
On January 9, 2020, the FTC held a workshop entitled “Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues.” This workshop is part of a growing interest i...
Davis Polk partners Arthur Burke, Arthur Golden, Ronan Harty, Jon Leibowitz, Neal Potischman, Howard Shelanski and Jesse Solomon and counsel Christopher Lynch and Mary Marks authored a ...
The UK operates a voluntary merger control regime. In addition, the European Commission (EC) operates a ‘one-stop shop’ jurisdiction to review the largest and most complex cases on be...
On November 6, 2019, the FTC unanimously found that a consummated 2017 merger of prosthetics manufacturers violated United States antitrust law, ordering the purchaser to divest completel...
The U.S. antitrust agencies have struggled for decades to provide comprehensive guidance on the antitrust treatment of so-called vertical mergers—generally, mergers of two companies at ...
The Federal Trade Commission recently obtained a fine from Third Point LLC and three of its funds for alleged violations of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 that a...
In a speech on July 11, 2019, Assistant Attorney General Makan Delrahim of the Antitrust Division of the Department of Justice (“DOJ”) announced that, for the first time, DOJ will con...
On May 13, 2019, the Supreme Court issued a 5-4 decision in Apple v. Pepper, holding that iPhone users have standing as “direct purchasers” under the Illinois Brick doctrine to sue Ap...
Yesterday, the D.C. Circuit affirmed the district court’s rejection of the DOJ’s challenge to the AT&T-Time Warner merger. Together with the district court’s ruling, the D.C. Circui...