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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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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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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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States Join in the Antitrust Assault on Big Tech

On August 20, 2019, it was reported that the states are set to join forces to investigate Big Tech. On the same day, Assistant Attorney General Makan Delrahim of the Antitrust Division of the U.S. Department of Justice (“DOJ”) said the DOJ is working with a group of more than…

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Disney Uses Fast Pass Strategy to Obtain Speedy DOJ Antitrust Approval for its Acquisition of Fox Assets

On June 27, 2108, the Department of Justice’s Antitrust Division announced that The Walt Disney Company (“Disney”) agreed to divest 22 regional sports networks (“RSNs”) to resolve antitrust concerns with its approximately $71 billion acquisition of certain assets from Twenty First Century Fox (“21CF”). Speedy Antitrust Approval DOJ’s announcement of…

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The FTC Is Requesting Public Comments Regarding Big Tech (Google, Facebook, Amazon and More

On June 20, 2018, the Federal Trade Commission (“FTC”) announced that it will hold a series of public hearings on whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection enforcement law, enforcement priorities, and policy.  The multi-day,…

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DOJ’s Top Antitrust Cop Says Evidence Based Enforcement Is Sufficient to Protect Consumers With Regards to Digital Platform Companies

On April 19, 2018, Makan Delrahim, Assistant Attorney General of DOJ’s Antitrust Division delivered the keynote address at the at the University of Chicago’s Antitrust and Competition Conference. The focus of his remarks was “evidence-based enforcement.” He said that “an evidence-based approach requires enforcement built on credible evidence that a…

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FTC Clears Amazon’s Acquisition of Whole Foods

On August 23, 2017, the Federal Trade Commission cleared Amazon.com Inc.’s acquisition of Whole Foods Market Inc. without a second request investigation. As mega mergers go, this antitrust review was fast and furious. When the deal was announced, consumer groups and politicians questioned whether the combination was anticompetitive. Even President…

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Preventing Competitive Harm In AB InBev-SABMiller Merger

Few missions are as important to the U.S. Department of Justice’s Antitrust Division as preventing anti-competitive mergers or permitting them with adequate conditions to prevent competitive harm. After all, a merger is forever — fixing it after the fact is too messy. The DOJ is currently investigating Anheuser-Busch InBev SA/NV’s…

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