Recent Developments in Antitrust

California Supreme Court Limits Pass-on Defense

August 27, 2010 at 5:42 pm

On July 12, 2010, the California Supreme Court addressed the issue of “whether under the Cartwright Act an antitrust defendant can defeat liability by asserting a pass-on defense.” Clayworth v. Pfizer, Inc., No. S166435, 2010 WL 2721021 (Cal. July 12, 2010). The Cartwright Act is California’s state antitrust law. Unlike federal […]

FTC and DOJ Issue Merger Guidelines

August 19, 2010 at 3:33 pm

On August 19, 2010, the FTC and the DOJ issued the 2010 Horizontal Merger Guidelines, which are available on the FTC’s website at The five-step analytical process outlined in the 1992 Horizontal Merger Guidelines-market definition, competitive effects, entry, efficiencies, and failing firm defense-has been replaced with a more flexible […]

FTC Settles with Intel

August 11, 2010 at 2:00 pm

On August 4, 2010, the Federal Trade Commission (“FTC”) entered into a settlement agreement with Intel Corp. resolving its administrative lawsuit alleging that Intel had abused its monopoly position in microprocessor chips to harm competition. The FTC filed suit against Intel on December 16, 2009, under Section 5 of the […]