Blog o’ Blogs August

August takes us on a broad tour of issues, from controversy in the Amazon-Whole Foods case to explorations on price-maintenance, barriers to entry, and rare instances of Non-Sherman Act motions. Anticipation for the year’s end also starts to build, offering us forward-looking pieces and plenty of lessons to wrap up from the first half of a tumultuous year in global competition…

Resale Price Maintenance in the Digital Age
On 24 July 2018, the European Commission (“Commission”) fined, in four separate decisions, consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer for imposing fixed or minimum resale prices on their online retailers…
Günter Bauer, Robert Wagner (Kluwer Competition)

The Amazon / Whole Foods overreaction: Antitrust populism exposed
The gist of these arguments is simple. The Amazon / Whole Foods merger would lead to the exclusion of competitors, with Amazon leveraging its swaths of data and pricing below costs. All of this begs a simple question…
Dirk Auer (Truth on the Market)

European Merger Control: Five Trends To Watch Going Into 2019
As we move into the final months of 2018, there are a number of trends and proposals that look set to have an important bearing on European merger control into 2019 and beyond…
Dave Anderson & Paul Culliford (Knect 365)

Considering a Merger or Acquisition? Avoid these 10 Minefields in your HSR Filing to the Antitrust Agencies
If you liked the old computer game, “Minesweeper,” then you’re ready to take on Hart-Scott-Rodino (HSR) filings for antitrust review of mergers & acquisitions…
Steven Levitsky (The Antitrust Attorney)

Competition Enforcement Update – Eastern & Southern Region
The COMESA Competition Commission (CCC) has vowed to develop a system which will allow the CCC to have better oversight (to in turn ensure effective enforcement) over anti-competitive behaviour…
(African Antitrust)

Update: Section 1 Challenge to Jimmy John’s No-Poach Agreement Survives Motion to Dismiss
We recently wrote that the Department of Justice’s and the Federal Trade Commission’s announcements condemning no-poaching agreements already have sparked civil class actions…
Bill DeVinney (Antitrust Advocate)

THE LATEST: FTC Announces New Model Timing Agreement for Merger Investigations
The FTC expects the Model Timing Agreement to be used as drafted (or in a similar form) for all transactions that receive a Second Request…
Jon B. Dubrow & Ashley McMahon (Antitrust Alert)

Are Resale-Price-Maintenance Agreements Per Se Illegal Under California Antitrust Law?
For many states, the local antitrust law deviates from federal law—sometimes in important ways. If you are doing business in such a state—and many companies do business nationally, of course—you must understand the content and application of state antitrust law…
Jarod Bona (The Antitrust Attorney)

DOJ Encourages Self-Disclosure of FCPA Violations Discovered Through M&A Activity
Deputy Assistant Attorney General Matthew Miner recently discussed the DOJ’s efforts to address corruption discovered during mergers and acquisitions…
Alex Okuliar, Diana Gillis and Elena Kamenir (Orrick Antitrust)

Lowering the Barriers to Entry to the Common Ownership Debate: A (Relatively) Non-Technical Explanation of MHHI Delta
One of the hottest topics in antitrust these days is institutional investors’ common ownership of the stock of competing firms…
Thom Lambert (Truth on the Market)

M&A and the advancement of the RegTech industry
The rapid advancement of technology has moved at an unprecedented pace, offering the ability to automate “trust” and “quality” of the products and services being provided on a daily basis…
Troy Ungerman (DealLaw Wire)

Supreme Court Grants Apple’s Petition To Take Major Antitrust Standing Case
The Supreme Court has granted certiorari and will hear, next term, an appeal from Ninth Circuit’s decision…
Daniel A. Friedman and Jonathan H. Hatch (Antitrust Update)

The Antitrust Division and Non-Sherman Act Cases
On August 20, 2018 the Antitrust Division announced in a press release the return of an indictment against a real estate company, a realtor and an accountant that does not include a charge of violating the Sherman Act…
Robert E. Connolly  (Antitrust Connect)