Over the past decade, there has been a growing concern that plaintiffs’ lawyers increasingly filed large, national class actions in certain state court venues perceived to be very favorable to plaintiffs. These locations including Madison County, Illinois; Jefferson County, Texas; and Palm Beach County, Florida have been called everything from “magnet” jurisdictions to “magic” jurisdictions. Despite the fact that these class actions often involved plaintiffs
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So You Think You’re Safe Under the Antitrust Laws? A Word of Advice to Those Who Would Ignore the States
Antitrust practitioners generally consider themselves well-versed in key antitrust principles, cases, and developments. They freely allude to “Colgate” and “GTE Sylvania” — meaning something other than toothpaste and televisions — in their everyday conversation. To remain at the top of their trade, they make an effort to stay current on the evolution of antitrust doctrines emanating from the U.S. Supreme Court and the application and
Read More So You Think You’re Safe Under the Antitrust Laws? A Word of Advice to Those Who Would Ignore the StatesABA Newsletter of the Consumer Protection Committee — Serving The Client And The Public: Lessons From A Former State Assistant Attorney General
From the Newsletter, Page 3.
Having spent twenty-one years in the service of the public, and the last seven years in the private practice of law, I have taken on the task, perhaps quite presumptuously, of moralizing to two constituencies — my current brethren and my former brethren.
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Read More ABA Newsletter of the Consumer Protection Committee — Serving The Client And The Public: Lessons From A Former State Assistant Attorney GeneralGlobal Merger Control in the New Millennium
The European Commission’s prohibition of the merger of General Electric Co. and Honeywell Inc. portends a potentially troubling future for the review and approval of mergers, acquisitions and joint ventures throughout the world.
The transaction passed antitrust muster in the United States, but it encountered insurmountable opposition at the E.U. From numerous published reports, it appears that the competition methodology utilized by the EU differs
Read More Global Merger Control in the New MillenniumImportant Notice Re: Changes To The Hart-Scott-Rodino Premerger Notification Act
Effective February 1, 2001, the HSR Act will be revised in important respects.
On December 21, 2000, the President signed into law the first significant changes in the Hart-Scott-Rodino Act, 15 U.S.C. § 18a, since its enactment in 1976. The Act requires parties intending to merge or make acquisitions of voting securities or assets to provide the Federal Trade Commission (FTC) and the Antitrust Division
Read More Important Notice Re: Changes To The Hart-Scott-Rodino Premerger Notification ActImportant Notice regarding The Gramm-Leach Bliley Act
The GLBA only applies to individuals who obtain financial products or services primarily for personal, family, or household purposes, and does not apply to companies or individuals who obtain financial products or services for business, commercial, or agricultural purposes.
On November 12, 1999, the Gramm-Leach-Bliley Act (GLBA) became law, bringing important changes to the regulation of consumer privacy protection in the financial services industry. Title
Read More Important Notice regarding The Gramm-Leach Bliley ActOngoing Lessons From Poughkeepsie
In the same month that the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released their Antitrust Guidelines for Collaborations Among Competitors (“Collaboration Guidelines”), the New York State Attorney General won a decisive victory in a case that challenged a collaborative arrangement between two not-for-profit competitor hospitals.
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Reprinted with permission from Matthew Bender’s Antitrust Report, October 2000
Read More Ongoing Lessons From PoughkeepsieState Attorneys General: The Third Prong in the Antitrust Triad
The role of state attorneys general in the development of competition policy in the U.S. continues to grow and evolve. In an increasing array of venues, state enforcers, often under the aegis of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force (NAAG Task Force), have become an essential component in the antitrust risk assessment for business transactions within the US.
Click the
Read More State Attorneys General: The Third Prong in the Antitrust TriadCan the King’s Physician (Also) Do No Wrong?
- Discrimination against interstate commerce
- Excessive burden on
Should the Antitrust Division, the FTC, and State Attorneys General Formally Allocate the Market for Antitrust Enforcement?
The Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, and state attorneys general, as any antitrust aficionado knows, have dramatically improved the level of communication, cooperation, and coordination among themselves in the investigation and prosecution of antitrust violations during the past decade.1 Two important examples of such coordination are the 1998 Protocol for Coordination in Merger Investigations Between the Federal
Read More Should the Antitrust Division, the FTC, and State Attorneys General Formally Allocate the Market for Antitrust Enforcement?