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Antitrust Lawyer Blog

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DOJ Files Statement of Interest in Anti-Dumping and Countervailing Duty Investigations of Mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey and Vietnam

On March 31, 2020, a group of U.S. Mattress producers filed an antidumping (“AD”) and countervailing duty (“CVD”) petition against mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, and Vietnam.  During the preliminary investigation, the International Trade Commission (the “Commission”) is tasked with evaluating the competitive effects of the imports…

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New Trade Case on Imports of Common Alloy Aluminum Sheet Against 18 Countries

On March 9, 2020, a new U.S. antidumping petition was filed against common alloy aluminum sheet (“CAAS”) imports from 18 countries.  The Petitioners in the case are Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and Texarkana Aluminum, Inc. The countries named…

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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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Antitrust Scrutiny of Agreements Not to Compete For Employees

Employers and Human Resource personnel need a crash course in the antitrust laws and an understanding of the antitrust risks of entering into no-poach agreements. What is a no-poach agreement?  A no-poach agreement is essentially an agreement between two companies not to compete for each other’s employees, such as by…

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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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The STRONGER Patents Act is Bad for Patients

The STRONGER Patents Act is proposed legislation that if passed would ultimately lead to higher drug prices for patients while lining the pockets of the big pharmaceutical companies. American patients are well-acquainted with the high prices Big Pharma charges for prescription drugs. Families across the country are struggling to afford…

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DOJ Sues to Block Novelis’ Acquisition of Aleris and Agreed to Use Binding Arbitration to Resolve Product Market Definition

On September 4, 2019, the DOJ filed an antitrust lawsuit in the Northern District of Ohio to block Novelis Inc.’s proposed acquisition of Aleris Corporation. Complaint The DOJ alleges that the acquisition would substantially lessen competition in the North American market for rolled aluminum sheet for automotive applications, commonly referred…

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