Author: Steven Cernak The twists and turns of the various antitrust challenges to the proposed Illumina/Grail merger have provided antitrust practitioners numerous lessons the last two years. This week, the FTC commissioners unanimously voted to overturn their administrative law judge’s initial decision and order Illumina to divest the controlling stake…
Articles Posted in FTC
Bona Law Helps Deliver Successful 2023 Spring Meeting for the ABA Antitrust Section
Authors: Steve Cernak, Dylan Carson, Kristen Harris Back in person again, the 71st edition of the American Bar Association Antitrust Law Section’s annual Spring Meeting did not disappoint and Bona Law was there for the formal and informal conversations that will help shape antitrust enforcement in the U.S. and abroad.…
Meta/Within Merger Antitrust Opinion: Cutting Edge Tech, Vintage Precedent
Authors: Steven Cernak and Luis Blanquez Earlier in February 2023, the Court for the Northern District of California denied the FTC’s preliminary injunction motion to prevent the closing of Meta Platforms Inc.’s acquisition of Within Unlimited, Inc.––a virtual reality (VR) App developer. The FTC has declined to appeal the loss…
Antitrust for Kids: Lemonade Redux: Alternatives to Non-Competes In the Face of the FTC’s Proposed Ban
Author: Molly Donovan You might recall that Max and Margie are next-door neighbors on Lemon Lane. In a strange turn of events, after Max was found liable for an illegal hub-and-spoke conspiracy against Margie, she let bygones be bygones and hired Max to procure materials for her lemonade stand and…
FTC’s Proposed Noncompete Ban Has Already Succeeded
Author: Steven Cernak Recently, the Federal Trade Commission proposed a nearly complete ban on noncompete provisions in employment agreements. Because it faces the usual lengthy rulemaking process and several expected legal challenges, the proposed rule might not become effective for months, if ever. Through the proposal and attendant publicity, however,…
FTC Antitrust Challenge of Altria/JUUL Gets Curiouser and Curiouser
Author: Steven J. Cernak The FTC’s challenge of Altria’s investment into its e-cigarette competitor JUUL Labs, Inc. (JLI) already raised interesting antitrust and administrative law issues: Did the parties’ discussions of FTC compliance during merger negotiations create an unreasonable agreement? Are the structure and procedures of the FTC constitutional? Recently,…
Three Strikes But Not Out: Antitrust Enforcers Swing and Miss in Recent Merger Challenges: Illumina/Grail; UnitedHealth/Change Highlights; and U.S. Sugar Corp/Imperial Sugar
Authors: Steven Cernak and Luis Blanquez Hard times for the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”). In the last few weeks, the Biden Administration has suffered three significant antitrust loses. This is the result of the Government’s determination to try to block mergers that, despite their size,…
Fair to Say Robinson-Patman No Longer “Forgotten”?
Author: Steven Cernak Recently, FTC Commissioner Bedoya made one of his first speeches and called for a “return to fairness” when enforcing the antitrust laws. In particular, he called for renewed enforcement of the Robinson-Patman Act. This speech is just the latest reason why businesses need to prepare for a…
Altria Group/JUUL Labs: An Antitrust Violation for Antitrust Clearance Strategy and Transaction Non-Competes?
Authors: Steven Cernak and Luis Blanquez The FTC’s challenge of Altria Group’s proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press. Press coverage since that time has hit the latest developments but often missed the important…
Antitrust Merger Thresholds Increased and Merger Guidelines Being Updated; More Changes Coming Soon?
Authors: Steven J. Cernak and Luis Blanquez As we have discussed in several recent posts, the FTC has made several changes to the merger antitrust review process. This month, the FTC made two more changes, one completely expected and one hinted at in other recent announcements. HSR Thresholds Updated…