In practice, however, compliance with antitrust law today has become a vast and challenging endeavor. The United States and the European Union pursue separate theories of antitrust enforcement (the U.S. focusing more on harm to consumers, the EU more on harm to competition), so global corpora...
“Promoting Competition in the American Economy,” setting forth 72 initiatives designed to address competition issues within the U.S. economy. The message was clear: U.S. antitrust enforcement was going to increase significantly and break new ground on combinations alleged to harm competi...
While antitrust enforcement shares the usual physician preference for free enterprise, prosecutorial discretion is often feared as eroding professional discretion and even well-intentioned reform. However, strengthened competition in the health services industry offers a way to bring some stability to ...
Traditionally, Republican antitrust enforcement is often described as more “business friendly” compared to that of the Democrats. Trump II promises to be a wild ride. Practical Guidance can help you keep abreast of the direction of the new Administration and understand how the how...
An antitrust policy is one designed to keep markets open and competitive. In the US, antitrust policies are overseen by two...
U.S. And EU Antitrust Enforcement: What Role In A More Heavily Regulated Financial Sector?US antitrust enforcementEU antitrust enforcementregulationfinancial sectorThe new financial regulations in the United States and European Union could constrain the enforcement of competition policy. Todd Fishman, ...
As the year begins under a new Trump Administration, healthcare providers and private equity firms should consider the antitrust enforcement environment they might face.
Stock are the authors of “What the Antitrust Case Against Martin Shkreli Tells Us About the Latest Trends in Antitrust Enforcement and Shareholder Liability” [PDF] published by the New York Law Journal on February 28, 2022.New York associate Jessica...
The ECJ’s reference to the Towercast judgment suggests that Article 102 TFEU could fill enforcement gaps for transactions involving dominant firms. However, this tool is ex-post, limited in scope, and lacks the proactive oversight of merger control. Its practical utility remains minimal for ...
The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) are responsible for making sure that antitrust laws are abided by. The FTC mainly focuses on segments of the economy where consumer spending is high, while the DOJ holds sole antitrust jurisdiction in sectors such ...