What began in 2019 as two antitrust lawsuits against the National Association of Realtors (NAR) and four national brokerages has turned into a flood of class action litigation against residential brokers and realtor associations. Following a Kansas City jury’s $1.78 billion award in October 2023 to a class of Missouri home sellers in Sitzer v. NAR, class action lawyers have raced to courthouses around
Read More Staying in Commission: Guidance for Real Estate Companies Facing Potential Antitrust Litigation
Recent Developments Concerning So-Called “Algorithmic Collusion’
Artificial Intelligence (AI) is quickly evolving to be more capable and efficient in ways that defy even our own imaginations. It is then no surprise that businesses are increasingly looking to AI, including AI-driven pricing algorithms, to optimize their business operations and strategic decision making. Regulators, however, have expressed increasing concern that AI-driven algorithms may facilitate price-fixing agreements, even in the absence of direct human-to-human
Read More Recent Developments Concerning So-Called “Algorithmic Collusion’New DOJ Safe Harbor Policy Aims to Incentivize Timely Disclosure of Criminal Misconduct Discovered During Mergers and Acquisitions
On October 4, 2023, Deputy Attorney General Lisa O. Monaco announced the Department of Justice’s new Mergers & Acquisitions Safe Harbor Policy.[1] The policy aims to incentivize timely disclosures of misconduct uncovered during the M&A process by providing a safe harbor and a presumption of a declination to companies that comply with the new Safe Harbor Policy. This advisory addresses steps companies can take
Read More New DOJ Safe Harbor Policy Aims to Incentivize Timely Disclosure of Criminal Misconduct Discovered During Mergers and AcquisitionsThe FTC has Recently Substantially Elevated its Focus upon Both Private Equity and Interlocking Directorates
On August 16, 2023, the Federal Trade Commission announced that it has settled, via a proposed consent order, a pending antitrust investigation into a proposed acquisition in which a private equity firm, Quantum Energy Partners (“Quantum”), was integrally involved with natural gas producer EQT Corporation (“EQT”).[1] The conduct remedies include Quantum agreeing to relinquish seats on a competitor’s board, which is particularly important for
Read More The FTC has Recently Substantially Elevated its Focus upon Both Private Equity and Interlocking DirectoratesFTC Proposes Dramatic Changes to HSR Premerger Filings, as Agencies Unveil New Merger Guidelines
On October 10, the Federal Trade Commission (“FTC”) announced its final rules with respect to Premerger Notification under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (as amended) (“HSR”). The final rules formalize what will be the largest change to premerger notification requirements since at least 2000. The final rules follow from the draft rules that the FTC published in June 2023.[1] The new
Read More FTC Proposes Dramatic Changes to HSR Premerger Filings, as Agencies Unveil New Merger GuidelinesThe FTC to Vigorously Enforce The Robinson-Patman Act
The Federal Trade Commission (FTC) has announced its intention to ramp up enforcement of the Robinson-Patman Act (RPA), a Great Depression era anti-price discrimination law. Neither the FTC nor the DOJ has significantly enforced the RPA for several decades. This announcement marks a major shift in the enforcement landscape. Companies should work with counsel to take stock of pricing activities and to review potentially impacted
Read More The FTC to Vigorously Enforce The Robinson-Patman ActUS DOJ Antitrust Division Withdraws Safety Zones
The United States Department of Justice Antitrust Division announced on February 3, 2023, that it has withdrawn from three guidance documents, issued in 1993, 1996 and 2011. The reason given was that the guidance documents were deemed “obsolete.”
The most significant aspect of this announced withdrawal is that each document provided certain “safety zones” for health care providers. Simply stated, if a company complied strictly
Read More US DOJ Antitrust Division Withdraws Safety Zones2022 M&A End Year Report
As we continue in another year of growth, we want to assure you that we are here to provide timely, cost effective and thoughtful legal counsel to a diverse client base. Attached is our M&A practice year end review. We trust you will find it both interesting and a reflection of our expertise as we look forward to the year ahead.
To read more, please
Read More 2022 M&A End Year ReportSenior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust Magazine
Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored an article titled, “Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases” in ABA Antitrust Law Section’s Antitrust Magazine. The article discusses the complex intersection of state pricing regulation, the Sherman Antitrust Act and the U.S. Constitution’s Supremacy Clause. It explains at length why the
Read More Senior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust Magazine“FTC Merger Policy Shifts May Spur Uncertainty And Risk”
Partner Benjamin Diessel, Senior Counsel Robert Langer and Associate Zeynep Aydogan authored a piece titled, “FTC Merger Policy Shifts May Spur Uncertainty And Risk” for Law360. The article discusses the recent measures that the Federal Trade Commission has taken to “reshape its enforcement priorities for review of mergers and acquisitions.”
Traditionally, new policies have been adopted jointly by the FTC and the U.S.
Read More “FTC Merger Policy Shifts May Spur Uncertainty And Risk”