With inflation and high consumer prices sure to be major issues in this year’s U.S. Presidential election, recent public statements by FTC Chair Lina Khan and Democratic Commissioner Alvaro Bedoya[1] reveal a curious enthusiasm for reviving enforcement of the Robinson-Patman Act (“RPA”), a mostly dormant statute left largely inactive for more than two decades…

The UK Digital Markets, Competition and Consumers Act (DMCCA) received Royal Assent on May 24, 2024, after a series of amendments ping-ponged back and forth between the House of Commons and The House of Lords. It is a major piece of legislation for businesses and consumers and reflects the most significant changes to the powers of…

The European Commission (Commission) keeps stressing the important role of “business users” under the Digital Markets Act (DMA).[1] Business users are at the core of the DMA, with its Article 1(1) stating: “The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonized rules…

The Second Circuit, for the first time, has addressed the scope of the Supreme Court’s decision in FTC v. Actavis, 570 U.S. 136 (2013), regarding the use of allegedly anticompetitive reverse payments by a brand drug manufacturer to settle patent infringement litigation that it had brought against generic manufacturers.  In In Re Bystolic Antitrust Litigation,…

When do companies using the same pricing algorithm violate the antitrust law?  Despite the new technology, the answer seems to center on the classic issue central to a hub-and-spoke conspiracy: is there an agreement along the rim?

In Gibson v. Cendyn Group, LLC, class plaintiffs accuse Las Vegas hotels of fixing prices via a…

Under the UK’s merger control regime, there is no obligation to notify mergers to the Competition and Markets Authority (CMA).  However, where merger parties wish to formally notify a merger, there is a duty for them to make full and accurate disclosures of all relevant information.

Information requested in a Merger Notice, which is the…

In merger procedures, it is a fundamental requirement for parties to provide accurate and complete information to the European Commission as it forms the basis of the Commission’s assessment of mergers. Under the EU Merger Regulation (EUMR), the European Commission can impose fines where parties intentionally or negligently provide misleading or incorrect information during the…