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The New FTC Policy Statement on Unfair Methods of Competition: A Litigator’s Perspective

By Sean Gates – April 27, 2023 | What the commission’s recent public statement expanding the scope of enforcement under section 5 of the Federal Trade Act means for businesses and litigators.

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Sherman Act Section 2 and Antitrust Compliance in an Era of Criminal Enforcement

By Richard Powers and Madison Chajson – April 26, 2023 | The Department of Justice’s renewed focus on monopoly conduct may require a reassessment of companies’ antitrust compliance procedures and policies.

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The Effect of the Merger Filing Fee Modernization Act on Antitrust Litigation and Multidistrict Litigation Venue Considerations

By Craig S. Davis – April 26, 2023 | The MFFMA and Congress’s funding bill should increase funding for federal agency challenges to mergers that the agencies conclude are anticompetitive.

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Practice Points

Key Considerations Regarding Insurance Coverage for Antitrust Disputes

By David A. Gauntlett – January 31, 2023 | Express coverage for antitrust lawsuits arises under various policy forms that do not expressly reference antitrust tort.

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The Same Coin? Two-Sided Markets in the U.S. and EU

By Benjamin Nagin, Iva Todorova, and Kristina Gliklad – January 31, 2023 | As digital and other markets involving “platforms” that simultaneously interact with more than one group of customers have grown into a key part of the global economy, literature emerged regarding “two-sided” or “multi-sided” markets.

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Sound Advice

Plaintiff and Defense Perspectives on the Implications of the First Circuit’s Asacol Decision

By Britta Stamps and Brad Bodamer – December 12, 2018 | Britta Stamps and Brad Bodamer offer the defendants' perspective on the First Circuit's recent class certification decision in the In re Asacol antitrust litigation, while Adam Polk and Scott Grzenczyk provide insights on the decision from the plaintiffs' side.

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