Recent merger enforcement suggests that the U.S. antitrust authorities have engaged in detailed re-examinations of market definition in a number of industries in which the historical defi...
The Federal Trade Commission (“FTC”) has finalized amendments to the Hart-Scott-Rodino (“HSR”) Premerger Notification Rules (the “Rules”) aimed at clarifying – and effective...
While we are all undoubtedly aware of the Department of Justice’s (“DOJ”) pending lawsuit seeking to enjoin the merger of AMR and U.S. Airways, you may be less focused on the fact t...
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 ...
On June 20, 2013, the Supreme Court decided a case regarding waivers of class arbitration that could have potentially wide-ranging implications in antitrust and other cases. See American ...
On June 17, 2013, the Supreme Court decided a case of considerable importance to the pharmaceutical industry. The case involved the question of whether and to what extent “reverse payme...
In an effort to increase the speed and transparency of its merger review process, China has now released initial drafts of two regulations: one aimed at defining “simple” merger cases...
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...