Tag: Nonmerger

With the conclusion of FY2020, we look back on a year unlike any other in the history of the Bureau of Competition. The year has been marked by a combination of exceptional commitment from the Bureau...

The FTC's Bureau of Competition sometimes reviews proposed mergers against the backdrop of civil and criminal antitrust investigations or litigations leveled in the same industry. And at times, such...

As we head into the second half of 2020, it’s a good time to pause and take stock of the past six months of work in the Bureau of Competition. Despite the challenges created by the COVID-19 pandemic...

In The Wizard of Oz, Dorothy was told to ignore the man behind the curtain. Some may argue that the same guidance applies to ancillary parts of a merger or joint venture agreement. These can include...

With some exceptions, Section 8 of the Clayton Act prohibits the same individual from serving as an officer or director of two competing corporations. Like other portions of the forward-looking...

For more than 15 years, one of the FTC’s top priorities has been to put an end to anticompetitive reverse-payment settlements between brand-name drug makers and their potential generic rivals. In our...

There is a basic but important difference between antitrust cases brought by the government and those brought by private parties: All plaintiffs, including government enforcers like the FTC, must...

Each day companies seek out market information to gain insights on how to compete more effectively. When companies compete more effectively, that can be good for consumers, making more and better...

Here’s a very common question, and the writer is usually a retailer who sells products from different manufacturers. Q: I received notice from my supplier that the company will no longer provide its...

Antitrust enforcers have always been concerned about the potential for harm arising from the activities of trade groups made up of competitors. From its earliest days, the FTC has examined the conduct...