On December 22, 2020, the U.S. Senate unanimously approved the Competitive Health Insurance Reform Act (CHIRA), previously passed by the House on September 21. If signed by the president, CHIRA would repeal health insurers’ federal antitrust immunity under the McCarran-Ferguson Act for state regulated activity that constitutes the business of insurance. CHIRA preserves some protections … Continue Reading
Since the start of the global pandemic, state attorneys general continue to actively pursue price-gouging investigations against individuals and entities, but courts seem to be taking a different, more business-friendly approach. Recent case developments and law amendments highlight the fact that price-gouging laws are subject to limitations. Our team explores these issues in our latest … 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 businesses continue to deal with the repercussions of extended lockdowns, the U.S. government is on the lookout for enterprises that may use the pandemic as a cover to pursue anticompetitive endeavors. In April, Sen. Elizabeth Warren (D-MA) and Rep. Alexandria Ocasio-Cortez (D-NY) introduced the Pandemic Anti-Monopoly Act (the Proposed Act) with the aim of … 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
With COVID-19 sweeping across the globe, competition law authorities and legislative bodies across the world are having to act quickly and flexibly to minimise disruption while ensuring business compliance and consumer protection. In our recent client alert, we take a look at how COVID-19 is shaping the competition landscape from a multi-jurisdictional perspective, honing in … Continue Reading
On February 5, 2020, Assistant Attorney General Makan Delrahim spoke at the Media Institute on the current merger review landscape (see Makan Delrahim, “Getting Better: Progress and Remaining Challenges in Merger Review”). While he celebrated an administrative success, he also forewarned of a formidable obstacle to effective agency enforcement. Delrahim remarked that since the Antitrust … Continue Reading
Antitrust enforcement may be becoming an increasingly politicized issue, however, most policies are fairly consistent from administration to administration and, consequently, from one Attorney General to the next. Replacing Attorney General Matthew Whitaker, William P. Barr was recently appointed by the Senate to serve as Attorney General. Having previously served as Attorney General under President … Continue Reading
Recently, the DOJ has shined a spotlight on the potential antitrust risks associated with employers’ use of “no-poach” agreements, in which companies agree not to hire or solicit each other’s employees. Interestingly, in February of this year, the DOJ filed Statements of Interest in several civil antitrust cases brought against franchisors, taking the position that … Continue Reading
