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Articles Posted in FTC

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Observations on the Court’s Rejection of Facebook’s Motion to Dismiss the FTC’s Amended Antitrust Complaint

Author: Jarod Bona The FTC filed an antitrust lawsuit against Facebook (now Meta Platforms Inc.). Judge James E. Boasberg dismissed it. The FTC then filed an amended complaint. And the same judge just denied Facebook’s motion to dismiss that complaint. The FTC alleges that Facebook has a longstanding monopoly in…

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FTC Continues to Unilaterally Repeal the HSR Merger Review Process

Author:  Steven J. Cernak The Federal Trade Commission continues to take subtle steps that, in total, will end up significantly changing the merger review process under the Hart-Scott-Rodino Act. We have already covered some of the earlier actions:  withdrawal of the 2020 Vertical Merger Guidelines, withdrawal of one long-standing HSR…

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A Book Right for Our Time: Review of Getting Out of Control by Neil Chilson

Author: Steven J. Cernak How do you tie together evolution, the wave, and market prices?  As Neil Chilson explains in his brilliant little book, Getting Out of Control, all are examples of emergent order.  While Chilson is a former FTC leader, this book is not just for antitrust and consumer…

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The FTC withdraws Vertical Merger Guidelines. Will it take on big-tech small acquisitions next?

Authors: Steven Cernak and Luis Blanquez FTC Chairwoman Lina Khan keeps up her frenetic crusade to change the practice of antitrust enforcement. The new––and surely not last––change: the vertical merger guidelines. On Wednesday, September 15, 2021, the FTC held an open virtual meeting to discuss the following: Proposed Withdrawal of…

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Facebook Wins First Antitrust Battle: The FTC and State Enforcers Fail to Establish (For Now) Facebook’s Monopoly on Social Media Networks (with update)

Authors:  Steven J. Cernak and Luis Blanquez In late 2020, the Federal Trade Commission (FTC) and the attorneys-general (AGs) from 48 states filed nearly identical antitrust lawsuits against Facebook for stifling competition by acquiring potential competitors, mainly Instagram in 2012 and WhatsApp in 2014, and for enforcing policies that blocked…

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The FTC Continues the HSR Antitrust Process’s “Death of a Thousand Cuts”

Authors: Steve Cernak and Luis Blanquez New management at the FTC keeps reviewing all aspects of the Hart-Scott-Rodino (HSR) premerger notification process.  On August 26, the current head of the Bureau of Competition posted a change to a long-standing FTC informal interpretation about how potential HSR filers should view debt…

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FTC Guts Major Benefit of Antitrust HSR Process for Merging Parties

Authors:  Steven J. Cernak and Luis Blanquez On August 3, 2021, the Federal Trade Commission Bureau of Competition announced what might seem like a small technical change to the Hart-Scott-Rodino merger review process: Some proposed mergers would receive form letters at the end of the 30-day initial review period saying…

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Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills

Authors: Luis Blanquez and Steven Cernak Strong winds of change keep blowing in the antitrust world. In the past weeks we’ve witnessed two new major developments in the U.S.: (i) President Biden’s Executive Order to increase antitrust enforcement, and (ii) six antitrust bills issued by the House Judiciary Committee. That’s…

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How to Avoid an HSR Second Request (Maybe)

Author:  Steven J. Cernak Submitting the form and documents required under the Hart-Scott-Rodino premerger notification system can be complicated. If only the initial submission must be made, however, the pain and expense can be short-lived. If, on the other hand, the parties receive a “second request” for information at the…

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How to Obtain Specific US Antitrust Agency Guidance: The DOJ Business Review and the FTC Advisory Opinion Processes

Authors: Jim Lerner and Luis Blanquez Both of the U.S. government agencies responsible for antitrust enforcement (the Department of Justice– “DOJ” and Federal Trade Commission – “FTC”) have review mechanisms available for companies seeking guidance on whether they are likely to take antitrust enforcement action against a proposed agreement or…