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Antitrust Advocate Blog

Articles: 1-10 of 45

Ohio v. American Express: The Supreme Court Credits American Express’s Anti-Steering Provisions

USA - July 10 2018 In a 5-4 decision in Ohio v. American Express, the Supreme Court affirmed that the anti-steering provisions of American Express’s merchant agreement…

The Department of Justice Weighs In on the Application of North Carolina Dental Examiners to the Florida State Bar

USA - March 23 2018 The Department of Justice (DOJ) recently took the uncommon step of submitting an amicus brief to weigh in on a motion to dismiss. TIKD Services, LLC v…

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

USA - February 6 2018 A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This…

The Trump DOJ’s View on Merger Enforcement and Remedies Explained

USA - November 20 2017 President Trump’s head of the Department of Justice’s Antitrust Division, Makan Delrahim, recently explained that the division will cut back on…

Recent Investigation Closing Suggests FTC’s Process Reforms Might Be Meaningful

USA - October 4 2017 Back in April, we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and…

‘Tryin’ to Loosen My Load’ - FTC’s New CID Process May Reduce Your Antitrust Investigation Burden*

USA - August 7 2017 In April we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and…

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

USA - June 13 2017 Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical…

What to Expect From FTC during Trump Administration: New Leader Illuminates

USA - February 16 2017 On Jan. 25, President Trump named Maureen Ohlhausen as the Federal Trade Commission’s acting chairwoman. A recent speech by Ohlhausen, who has served…

FTC Accepts Practical ‘Failing Firm’ Defense in Ending Challenge to Non-Reportable Transaction

USA - October 18 2016 The Federal Trade Commission’s recently announced proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group…

Caution: Sealed Package - There Is More At Risk Than Unsealing

USA - June 21 2016 Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a…