Columbia Law School
Sky Blog
Antitrust
Kirkland & Ellis explains the Recent Denial of the FTC’s Motion to Enjoin the Steris-Synergy Merger
On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction to prevent the merger of Steris Corporation (“Steris”) and Synergy Health plc (“Synergy”), two providers …
Reflections on Judicial Treatment of the Antitrust Treatise
With over 4000 citations in the Westlaw JLR database (most referencing his antitrust scholarship), Hovenkamp is one of the most cited legal scholars. His citations reflect an enormous body of work including the 21-volume Antitrust Law: An Analysis of Antitrust …
Nominate Our Blog for the ABA 100
To the friends of the CLS Blue Sky Blog: The ABA journal is conducting a poll to identify the top 100 legal blogs. We would be honored by your nomination. In addition to reprinting commentary from practitioners and regulators on …
Proskauer discusses Four Takeaways from the ABA Antitrust Section’s 2015 Spring Meeting
This year’s 63rd ABA Section of Antitrust Law Spring Meeting featured extensive remarks from antitrust regulators forewarning of more vigorous antitrust enforcement in 2015. The Proskauer antitrust team was on the ground and provides a report highlighting four key takeaways …
From Smoke-Filled Rooms to Computer Algorithms — The Evolution of Collusion
The development of self-learning and independent computers has long captured our imagination. The HAL 9000 computer, in the 1968 film, 2001: A Space Odyssey, for example, assured, “I am putting myself to the fullest possible use, which is all …
McDermott, Will & Emery discusses Recent FTC Consent Agreement Focusing on Competitive Effects
On March 18, 2015, the Federal Trade Commission (FTC) ordered Par Petroleum Corporation to terminate its storage and throughput rights at a key gasoline terminal in Hawaii. This action will settle FTC charges seeking to prevent Par’s acquisition of Koko’oha …
Milbank discusses What to Expect in Antitrust Enforcement
In an environment of escalating antitrust activity around the globe with ever increasing government sanctions and private litigation exposure, it pays to ensure that your antitrust compliance efforts evolve with changes in your business and the enforcement landscape and are …
Clifford Chance discusses Setting a New Benchmark
The Council of the EU has reached political agreement on the EU Benchmark Regulation (the Regulation). The legislation will impose controls on a range of financial market activity that uses interest rate, currency, commodity and other indices to set prices …
Kirkland & Ellis discusses China Continuing its Aggressive Anti-Monopoly Law Enforcement With a Record-Breaking $975 Million Fine Against Qualcomm
Earlier this week, China’s antitrust regulators started off 2015 with a continuation of last year’s aggressive enforcement of the Anti-Monopoly Law (“AML”) by levying an almost $1 billion fine against Qualcomm, about 8 percent of the company’s 2013 China revenue …
The Corporate Criminal as Scapegoat
Earlier this month, federal district Judge Richard J. Leon rejected outright a deferred prosecution agreement with a company, “looking at the DPA in its totality,” and noting that not only were “no individuals . . . being prosecuted for their …
Comments on the Fair and Effective Markets Review
I want to thank the Brookings Institution for inviting me to comment today on Martin Wheatley’s presentation on the Fair and Effective Markets Review (Review).[1] The Review is an ambitious and important initiative. Although London is perhaps the leading center …
Greater Disclosure Harms Cartels
The U.S. Department of Justice estimates that breaking up illegal cartels leads to consumer savings of at least 10% of annual sales in the relevant market. However, from the regulator’s perspective it is notoriously difficult to identify cartels. Even more …
Federal Preemption and Fee-Shifting
All eyes are on Delaware, where soon the Delaware Bar Association will recommend to the state legislature whether or not to curb the Delaware Supreme Court’s decision last year to uphold the facial validity of a board-approved bylaw that shifted …
Baker Botts discusses the Reach of the Sherman Act
In a decision that could have far-reaching implications for U.S. companies and consumers, the Seventh Circuit Court of Appeals recently reiterated that the U.S. antitrust laws stop at the border and do not reach conduct that causes damages in the …