On September 9, 2020, a federal judge in California dismissed antitrust claims brought by hiQ Labs, Inc. against LinkedIn Corp., holding that hiQ’s antitrust claims failed to properly define the relevant market. This case highlights the rising likelihood of data-related disputes by commercial parties and the potential for data access restrictions to prompt competition claims. … Continue Reading
The Department of Justice’s Antitrust Division updated its Merger Remedies Manual for the first time in more than a decade. The updates improve upon the 2004 Manual by providing a significantly more detailed account of the Division’s approach to preserving competition pre- and post-merger. Our team highlights the various revisions and additions to the Manual … Continue Reading
As U.S. meat packaging and processing companies persevere to supply the nation’s grocery shelves during the COVID-19 pandemic, the industry finds itself once again under the regulatory spotlight. On May 6, 2020, President Donald Trump asked the Department of Justice (DOJ) to investigate allegations that U.S. beef and pork producers violated federal antitrust laws. Just … Continue Reading
On November 1, 2019, the Federal Trade Commission (FTC) upheld the decision of an administrative law judge (ALJ), finding that the non-reportable acquisition of FIH Group Holdings, LLC (Freedom) by Otto Bock HealthCare North America, Inc. (Ottobock) was likely to substantially lessen competition. Ottobock and Freedom are both manufacturers of prosthetic knees, and they both … Continue Reading
In hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, 2019 WL 4251889 (9th Cir. Sept. 9, 2019), a Ninth Circuit panel affirmed the district court’s grant of a preliminary injunction in favor of hiQ, which prohibited LinkedIn from denying access to publicly available data on LinkedIn profiles. The Ninth Circuit declares that selectively banning potential … Continue Reading
On February 15, 2019, the Federal Trade Commission (FTC) announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (15 U.S.C. § 18a) (HSR). The new thresholds have increased the dollar amount required to trigger HSR notification for both the size-of-transaction test and the size-of-person test. Members … Continue Reading
