Articles

A Once and Future Federal Privacy Law?

As the collection, use, and sharing of personal data grows in amount and complexity, so too has the variety of privacy and security regulations. While companies have attempted to navigate through these regulations, some have been asking Congress to enact comprehensive federal privacy legislation that will provide consumers more rights, businesses more uniform obligations, and the FTC increased regulatory and enforcement powers. Former FTC Commissioner Maureen Ohlhausen and her colleagues Matthew Baker and Jonathan Duzak-Forestier explore the current landscape and the three current major federal privacy proposals, analyzing their potential benefits and potential pitfalls.

Privilege Considerations in Second Requests

The U.S. antitrust agencies have increasingly emphasized the importance of timing and accuracy in complying with second requests during the HSR merger review process. The Antitrust Division, under its Model Timing Agreement from 2018, has placed increased pressure on merging parties to more precisely designate documents as privileged during initial productions or risk longer reviews. Philip Algieri recommends several strategies for satisfying the antitrust agency’s new demands while ensuring an efficient document review and production process.

The Paramount Decrees: Lessons for the Future

In 2019, the Antitrust Division filed a motion to terminate the Paramount Decrees, which have regulated vertical practices in the motion picture industry for the last seven decades. Barak Orbach critiques this decision from the perspective of history, exploring the Decrees’ continued significance, particularly on the topics of interdependence, facilitating practices, conspiracy inference, vertical relations, technological change, and structural and behavioral remedies.

China’s Recent Competition Developments: 2019 in Review

Last year marked a watershed moment for antitrust in China, bringing new interpretations and implementing regulations of the Antimonopoly Law, changes to the merger clearance process, the Social Credit System, and liberalization of investment laws. This occurred against the backdrop of the U.S.-China trade war. Philip Monaghan and Scott Schaeffer untangle this complicated situation and highlight developments that are most likely to impact foreign companies operating in China.