U.S. DOJ challenge to consummated transaction highlights danger of bad documents *

USA - January 15 2013
The U.S. Department of Justice has filed an antitrust lawsuit challenging a June 2012 transaction combining two providers of product rating and…

Co-authors: J. Bruce McDonald, Craig A. Waldman, Paula W. Render .

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FTC releases data on industry mergers being investigated *

USA - January 13 2013
The U.S. Federal Trade Commission released new data on its horizontal merger investigations from the past four years, providing deeper insight into…

Co-authors: Michael H. Knight, Kenneth W. Field , David P. Wales.

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Judge Easterbrook on Section 8 director interlocks and antitrust injury *

USA - June 28 2012
Although Section 8 of the Clayton Act, 15 U.S.C. § 19, which prohibits competing corporations from sharing directors or officers, is an important concern for the business community, the statute has received surprisingly little attention from government enforcers or judicial opinions in recent years.

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More uncertainty about state treatment of vertical pricing restraints *

USA - May 14 2012
The status of vertical pricing restraints at the federal level has been settled since the U.S. Supreme Court's decisions in State Oil v. Khan, 522 U.S. 3 (1997), and Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007).

Co-authors: Thomas Demitrack.

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U.S. DOJ prosecutes obstruction of justice by South Korea executive in merger investigation *

USA - May 7 2012
A plea agreement entered into last week with the U.S. Department of Justice Antitrust Division (DOJ) provides a sobering reminder of the serious consequence of obstruction of justice, and highlights the fact that such obstruction issues can arise even in connection with seemingly routine merger investigations if key documents intentionally are altered before being submitted to the government.

Co-authors: Bevin M.B. Newman, Ryan C. Thomas, Tom D. Smith.

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