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Articles Posted in FTC Antitrust Highlights

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DC Challenges Amazon’s Fair Pricing Policy

On May 25, 2021, the D.C. Office of the Attorney General (DC AG) filed an antitrust complaint against Amazon.com, Inc. in the Superior Court of the District of Columbia. The complaint accuses the company of monopolization and illegal restraints of trade. Interestingly, the complaint does not include allegations of federal…

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Is There An Antitrust Reform Coming Soon? What Will This Mean For Large Tech Firms?

On March 18, 2021, the House Judiciary Committee’s Antitrust subcommittee had a hearing labeled “Reviving Competition, Part 3: Strengthening the Laws to Address Monopoly Power”. The hearing began with opening remarks from Representative David Cicilline (D-RI), who spoke about the limitations in current antitrust laws on the topic of market…

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Technology and Democracy after the “Great Deplatforming”

Georgetown Law tech law and policy experts converged together on Friday, January 29, 2021, to discuss wide-ranged topics relating to technology, speech, and regulations in a democratic society. David Vladeck, Erin Carroll, Hillary Brill, and Anupam Chander were the representative speakers on this discussion streamed live over Facebook.   The…

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FTC Approves El Dorado’s Acquisition of Caesar’s With Strong Dissent From Commissioner Chopra

On June 26, 2020, the Federal Trade Commission (“FTC”) entered into a settlement agreement that allowed Eldorado Resorts, Inc. (“Eldorado”) to acquire Caesars Entertainment Corporation (“Caesars”) for $17.3 billion. Background Eldorado agreed to acquire Caesars for $17.3 billion on June 24, 2019. Eldorado is a provider of casino entertainment and…

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Deeply Divided FTC Approves AbbVie’s Acquisition of Allergan

On May 5, 2020, the FTC approved AbbVie Inc.’s (“AbbVie”) $63 billion acquisition of Allergan plc (“Allergan”) on the condition that the merging parties divest three minor products.  The consent agreement was approved by a 3-2 party line vote. The FTC has a long history of scrutinizing transactions in the pharmaceutical industry, but Commissioners’ statements…

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Consumer Groups Raise Rebate Wall Concerns With Regards to AbbVie/Allergan Merger

On February 18, 2020, a group of unions, consumer groups, and public interest organizations filed a letter with the U.S. Federal Trade Commission (“FTC”) raising concerns that the divestiture of Allergan plc’s (“Allergan”) pipeline drug, brazikumab, will not succeed unless the FTC addresses AbbVie’s use of rebate walls. Consumer Group…

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Rivals Are Publicly Sounding Off Against Big Tech

On January, 17, 2020, smaller rivals such as PopSockets, Basecamp, Sonos, and Tile testified to the the House antitrust subcommittee about how they have been bullied by big tech giants such as Google, Apple, Facebook, and Amazon and called for swift action. According to the New York Times, the smaller…

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Can Deals That Do Not Trigger an HSR Filing Raise Antitrust Concerns? Yes, Buyer and Sellers Beware!

The federal antitrust agencies continue their emphasis on investigating, challenging, and unwinding consummated transactions that are not reportable under the Hart Scott Rodino (“HSR”) Act. Most recently, on November 6, 2019, the Federal Trade Commission (“FTC”) issued an Opinion and Final Order in which the Commission upheld the Administrative Law…

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Coalition of Unions and Consumer Groups Oppose AbbVie/Allergan Merger Based on Use of Rebate Walls

On September 12, 2019, a coalition of unions, consumer groups, and public interest organizations filed a letter with the U.S. Federal Trade Commission (“FTC”) opposing AbbVie Inc.’s (“AbbVie”) acquisition of Allergan plc (“Allergan”). Coalition Opposing the Merger The coalition includes Families USA, Public Citizen, U.S. PIRG Education Fund, Service Employees…

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Playing Politics with Antitrust Enforcement of Big Tech Firms Carries Significant Risk

Commentators all over the spectrum have recognized antitrust is increasingly becoming a game of political football. The notion that antitrust enforcement is motivated by politics has hung over the Trump administration since the Department of Justice’s failed attempt to block AT&T’s acquisition of CNN’s owner, Time Warner and some antitrust…

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