Authors: Steve Cernak and Luis Blanquez Like all new administrations, the Biden Administration entered office promising change in antitrust policy. Unlike previous administrations, however, the change this Administration promised was nothing less than the total transformation of antitrust enforcement. In its first year, the Administration has begun that transformation by…
Author: Luis Blanquez “The legislature hereby finds and declares that there is great concern for the growing accumulation of power in the hands of large corporations. While technological advances have improved society, these companies possess great and increasing power over all aspects of our lives. Over one hundred years ago,…
Author: Pat Pascarella The press is awash in reports on proposed amendments to the antitrust laws and heightened, and in some instances targeted, enforcement agendas at the DOJ, FTC, and state AGs’ offices. While the specifics of each may be fascinating to antitrust attorneys and law professors, the sole question…
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…
Author: Luis Blanquez Interesting times to be an attorney; especially an antitrust attorney. If you work in private practice, you are likely witnessing the most significant transformation in the legal sector in the past 20 years. If you are an in-house lawyer, you are probably dealing with a new set…
Author: Steven J. Cernak Recently, I was researching antitrust developments in 2020 to update my Antitrust in Distribution and Franchising book. While there were several developments last year, what struck me was the large number of potentially drastic changes to antitrust distribution law that started to play out in 2020…
Authors: Kristen Harris and Steven J. Cernak As we covered earlier (see here and here), the recent U.S. House Judiciary Committee Majority Report on its Investigation into Digital Markets recommends that Congress override several classic antitrust cases. In particular, the Report recommends “clarifying that cases involving platforms do not require…
By: Steven J. Cernak As we described in a prior post, the U.S. House Judiciary Committee Majority Report of its Investigation into Digital Markets included a number of recommendations that went beyond digital markets, including overriding several classic antitrust cases. One of the Report’s recommendations is to make it easier…
Author: Steven J. Cernak On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets. As expected, the Report detailed its findings from its investigation of Google, Apple, Facebook, and Amazon along with recommendations for…
Author: Steven Cernak The U.S. House Antitrust Subcommittee of the Judiciary Committee’s recent hearings into “big tech” and antitrust were “must see TV” for antitrust attorneys. Over the five hours of testimony, many interesting questions were asked of the leaders of Apple, Google, Facebook, and Amazon; unfortunately, the format often…