GLG News by FTC Antitrust Experts: Lawyers

Markets cannot exist without trust.  Unfortunately, the financial markets that are in trouble were structured in ways that created irresistible temptations for abuse and promoted the creation of systemic risks that now threaten the US and Global economies.      &n...

Preemption of state and federal regulation has become one of the most significant judicial consequences of the Bush era appointments to the federal courts.  The decisions of the Supreme Court and lower federal courts have narrowed the ability of state courts, state agencies...

July 19 the House Judiciary Committee will hold hearings on credit card interchange fees.  Will these hearings lead to renewed antitrust enforcement?  Will the card associations provide a strong justification for interchange?  How will Congressmen respond to the fact that interchange...

  The FTC's recently released unredacted version of the complaint against Whole Foods adds some spice to the case and helps explain the thinking behind bringing the case. In the unredacted material, Whole Foods' CEO John Mackey explained to the Whole Foods board that part of the rationale for acquiring...

The Supreme Court has chosen to grant review on several antitrust cases in the last couple of years and has generally expressed skepticism at per se approaches in favor of a more nuanced, supposedly fact-based approach.  Some of these cases involved quite narrow or specific factual circumstances,...

Drug litigation between innovator and generic firms is a fact of life.  The FTC has increased its antitrust challenges to the settlement of these cases, and Congress seeks to ban certain types of these settlements.

This merger is likely to attract a thorough antitrust review by the FTC because of that agency's concern with pharmaceutical sales and distribution generally, the magnitude of the transaction, and the fact that it may be a harbinger of future transactions of a similar nature.  The antitrust bar...

The question has been asked about the reasons behind treble (triple) damages in RICO private lawsuits.  The reasons were borrowed from antitrust law although damage calculations and determinations of injury are different.

The DOJ will conduct a thorough review of this proposed merger, as the parties have clearly expected and several influential midwestern Senators have virtually demanded by threatening to hold hearings of their own.  At most this appears to be a borderline situation that would be unlikely to lead...