Showing archive for: “DOJ”
Reclaiming Antitrust
The United States is the birthplace of antitrust, starting with the enactment of the Sherman Antitrust Act in 1890. During the late 19th and early 20th century, cartels were common in Europe, while U.S. antitrust enforcers unraveled them. Only after World War II did European countries incrementally adopt competition law in various forms. Since that ... Reclaiming Antitrust
Why Trump May Consolidate Federal Antitrust Enforcement
President-elect Donald Trump’s new “Department of Government Efficiency” has been tasked with providing advice and guidance on reducing government waste and restructuring federal agencies. One act of restructuring that may warrant consideration would involve consolidating all federal antitrust enforcement within the U.S. Justice Department (DOJ). There are strong arguments that this would reduce waste. In addition, ... Why Trump May Consolidate Federal Antitrust Enforcement
Why It May Be Time to Consider a Merger Policy Reset in 2025
The Biden administration’s federal antitrust regulators—the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC)—have been widely perceived as actively discouraging mergers and acquisitions. This reflects the rejection of a longstanding bipartisan understanding that government would only oppose proposed M&A transactions that are likely to harm competition. The Biden approach arguably threatens to harm the ... Why It May Be Time to Consider a Merger Policy Reset in 2025
Clarifying Antitrust Law by Straightening Teeth
More than a century ago, the U.S. Supreme Court held that the Sherman Act does not interfere with the “unquestioned right to stop dealing,” but the legacy of the Aspen Skiing is that terminating voluntary cooperation with a rival can give rise to liability. A case now on appeal could determine whether the “right to ... Clarifying Antitrust Law by Straightening Teeth
The FTC World Keeps On Turning
You’re no doubt aware that we’ve had a presidential election since my last column. Agency news seems pallid, in comparison, but those of you who’ve come here looking for deep insights into what it all means are liable to be disappointed, not to mention zero in number. “The Meaning of Life” is a movie by ... The FTC World Keeps On Turning
Assessing the Government’s Monopolization Case Against Visa
The U.S. Justice Department (DOJ) has initiated an antitrust monopolization case against Visa for various practices related to its debit-card services. The complaint centers on two primary theories of harm. The first is that Visa offers volume discounts in a manner that locks in merchant banks (or “acquirers”) into Visa’s debit-card network, which deprives rival ... Assessing the Government’s Monopolization Case Against Visa
Weighing DOJ’s Proposed Remedies for Google’s Monopolization
The U.S. Justice Department (DOJ) has proposed remedies to a federal judge who held that Google illegally monopolized web search. In reviewing the DOJ’s recommendations, the judge should take into account the downsides of particular remedies, as well as their potential benefits. The judge should be careful not to impose remedies that could reduce innovation ... Weighing DOJ’s Proposed Remedies for Google’s Monopolization
Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
You’ve been involved in antitrust issues at major tech companies for decades. How has the approach to antitrust changed over time, both from the company perspective and the regulatory side? The evolution has been significant. When I started at IBM in the 1970s, we were in the midst of a 13-year U.S. Justice Department (DOJ) ... Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
Deregulatory Reform, Not Antitrust, Is Key to A Vibrant US Economy
The Biden administration has emphasized “antitrust on steroids” and intrusive regulation as key elements of its economic policy. This has been counterproductive. Federal enforcers should return to prior bipartisan, less-interventionist consumer-oriented antitrust. On a parallel track, the federal government should focus on deregulatory reform to drive a competitively vibrant, faster-growing American economy. Biden Antitrust Has ... Deregulatory Reform, Not Antitrust, Is Key to A Vibrant US Economy
Justice Department’s Google Adtech Antitrust Suit Does Not Add Up
The trial of the U.S. Justice Department’s (DOJ) “adtech” antitrust lawsuit against Google kicked off Sept. 9 in U.S. District Court in Alexandria, Virginia. In a nutshell, the DOJ (joined by 17 states) argues that Google illegally monopolized key digital-advertising technologies through a variety of anticompetitive tactics. But the DOJ will find it difficult to ... Justice Department’s Google Adtech Antitrust Suit Does Not Add Up
A Primer (and Some Questions) About the RealPage Antitrust Case
The U.S. Justice Department (DOJ) and several states filed suit late last month against the property-management software firm RealPage Inc. for its “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize the market for commercial revenue management software that landlords use to price apartments.” While this is not the first case ... A Primer (and Some Questions) About the RealPage Antitrust Case
Big Federal Antitrust Cases Heat Up
The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) are advancing two major antitrust cases that will have significant implications for the American public. The DOJ, joined by eight states, announced Aug. 23 that it was suing RealPage Inc. for an “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize ... Big Federal Antitrust Cases Heat Up
