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06/19/08 Antitrust Partner Receives Achievement Award
Antitrust partner John Shenefield received the AAI Antitrust Achievement Award during the American Antitrust Institute's annual national conference.
06/13/08 Chambers USA 2008 Recognizes Morgan Lewis in 19 National Practice Areas
Morgan Lewis is pleased to announce that the 2008 edition of Chambers USA: America’s Leading Lawyers for Business features Morgan Lewis as a leading national firm in 19 practice areas.
02/01/08 The Impact of FINSA on Foreign Acquisitions in the U.S., Financier Worldwide
Stephen Paul Mahinka is quoted on the impact of the Foreign Investment and National Security Act (FINSA) on foreign acquisitions in the U.S.
View all news

Featured Publication

04/07/08: Paving the Way for Follow-On Private Damages in EU, Competition Law 360
Morgan Lewis featured in Competition Law 360's April 7 guest column. (pdf)

Related Publications

9/18/2008 - European Court of Justice Finds Dominant Pharma Companies May Not Prevent Parallel Imports by Refusing to Meet “Ordinary” Orders from Wholesalers (PDF)

Fast Facts

Nearly 50 professionals dedicated to antitrust law

Representation before competition authorities in the United States, the European Union and its member states, China, and Japan

Experience in senior positions with antitrust enforcement agencies:

  • Assistant Attorney General in charge of the Antitrust Division of the Department of Justice
  • Director of Office of Policy and Evaluation of the Federal Trade Commission
  • Deputy Director of the Bureau of Competition of the Federal Trade Commission
  • Assistant Chief in the Communications and Finance Section of the Antitrust Division of the Department of Justice

Honors

Chambers USA 2008 - Recommended in Washington, D.C. and Pennsylvania for Antitrust

PLCCross-border Competition Handbook 2007/2008 – Recommended in U.S.; Recognized in Washington, D.C.

PLCCross-border Life Sciences Handbook 2007/2008 – Highly Recommended in U.S. for Life Sciences Competition/Antitrust

The Legal 500: Europe 2007 – Recommended for EU, Competition, and Distribution in France

Décideurs’ M&A Guide and Directory 2007 – Recommended for Merger Control: EU and French Antitrust Law

Global Competition Review – Recognized in the 8th edition of GCR 100

Competition Law 360 – Named among top ten antitrust firms in U.S. and ranking fifth in terms of growth

183 Publications Found
page 1 of 2
12/01/08 Final Regulations on Review of Foreign Acquisitions by CFIUS Issued by the Treasury Department

LawFlash/Client Alert | International Alert
Antitrust Practice

On November 21, the Treasury Department published its final regulations pursuant to the Foreign Investment and National Security Act of 2007 (FINSA), amending Section 721 of the Defense Production Act of 1950, ... more

09/18/08 European Court of Justice Finds Dominant Pharma Companies May Not Prevent Parallel Imports by Refusing to Meet “Ordinary” Orders from Wholesalers

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The European Court of Justice (ECJ) ruled on September 16 that pharmaceutical companies that occupy a dominant position with respect to a particular drug may not refuse to meet “ordinary” orders from wholesalers in order to sto... more

08/12/08 Germany Proposes New Merger Control Threshold to Eliminate Need for Pre-Closing Approval for Deals with Minimal Nexus to Germany

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The German Ministry of Economics recently proposed amendments to the German competition law that would eliminate the need for a pre-closing filing and observation of the one-month waiting period for transaction... more

08/06/08 A New Frontier in Antitrust Enforcement: China’s Anti-Monopoly Law Effective August 1, 2008

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

China’s new Anti-Monopoly Law (AML) has elements of sophisticated competition regimes around the world, particularly the European Community, but vague provisions and uncertain implementation may cause some lega... more

08/04/08 Buyers Beware: D.C. Circuit Lowers the FTC Burden to Obtain Preliminary Injunction

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

A split panel of the D.C. circuit recently overturned a district court decision denying the Federal Trade Commission's (FTC's) request for a preliminary injunction (PI) to block the Whole Foods/Wild Oats merger... more

05/14/08 FTC Approves Resale Price Maintenance Agreements under Rule of Reason But State AG’s Appear Undeterred

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On May 6, the Federal Trade Commission (FTC) issued an order In the Matter of Nine West Group, Inc. ( Nine West ) that brings federal enforcement of resale price maintenance (RPM) into line with the Supreme Cour... more

2008 European Union Overview: Enforcement and Settlement, Global Competition Review: The 2008 Handbook of Competition Enforcement Agencies

Outside Publications | Chapter
Izzet Sinan

An extract from The Handbook of Competition Enforcement Agencies 2008, a Global Competition Review special report (www.globalcompetitionreview.com). Reproduced with permission.

04/25/08 New Rules on Foreign Investment in the United States: Treasury Department Issues Proposed CFIUS Regulations

LawFlash/Client Alert | International Alert

On April 23, the U.S. Treasury Department published long-awaited proposed regulations that clarify the regulatory-review process for transactions where a foreign person acquires control of U.S. national security or crit... more

04/24/08 D.C. Circuit Increases Burden of Proving an Antitrust Violation in Cases Involving Misrepresentations to Standard-Setting Organizations

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

In a decision issued April 22 in Rambus v. FTC, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit increased the burden of proving antitrust claims premised on misrepresentations to an... more

04/07/08 European Commission Moves Toward Private Damages Actions for Antitrust Violations

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

The European Commission (the Commission) published its long-awaited White Paper on Damages Actions for Breach of the EC Antitrust Rules (the White Paper) on April 2. The White Paper proposes a number of reforms... more

04/07/08 Paving the Way for Follow-On Private Damages in EU, Competition Law 360

Outside Publications | Article
John Everett, Jr., Jonathan Uphoff

Morgan Lewis featured in Competition Law 360's April 7 guest column.

02/07/08 U.S. Antitrust Laws Go Global, presented at a Mid-Atlantic Regional Committee and the D.C. Committee of the ABA White Collar Crime Committee Seminar, Washington, D.C.

Presentation | Speech
Nathan Andrisani

February 2008 HR and Antitrust: What HR Professionals and Legal Administrators Should Know, Capital Connection

Outside Publications | Article
Alexis Gilman

01/29/08 Best Strategies to Deal with Multi-Jurisdictional Investigations and Joint Investigations, presented at C5's International Conference on Anti-Corruption, Frankfurt

Presentation | Speech
Jürgen Beninca

01/18/08 FTC Raises Hart-Scott-Rodino Thresholds

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to be effective on or about Febr... more

12/13/07 German Federal Court of Justice Upheld Recent Change of German Merger Control Rules: More Transactions Will Be Exempt from Filing

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On December 5, the German Federal Court of Justice (BGH) published a recent decision confirming the Düsseldorf Higher Regional Court’s Sulzer/Kelmix decision, pursuant to which fewer transactions will require n... more

11/16/07 The New Face of Antitrust in Intellectual Property Disputes, presented at the 19th Annual National Asian Pacific American Bar Association (NAPABA) Convention, Las Vegas, NV

Presentation | Speech
Willard Tom

10/19/07 Department of Justice Fines Company $550,000 for HSR Act Violation for Failure to Submit Item 4(c) Competition Documents

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

The Department of Justice (DOJ) fined Iconix Brand Group (Iconix) $550,000 for violating the Hart-Scott-Rodino Act (HSR Act) by failing to submit to the Federal Trade Commission (FTC) and DOJ certain required d... more

09/19/07 European Court of First Instance Declines to Extend Antitrust Legal Privilege to In-House (and Non–EU-Qualified Outside) Counsel

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On September 17, the European Court of First Instance handed down the long-awaited judgment in the Akzo Nobel ( Akzo ) case, upholding the Commission’s May 8, 2003 decision on the scope of legal privilege in the... more

August 2007 Antitrust in Praxis – A Guideline

Outside Publications | Book
Jürgen Beninca, Christian Zschocke

Written by Jürgen Beninca and Christian Zschocke (with contributions from John Shenefield, Izzet Sinan, and Jean Leygonie), “Antitrust in Praxis – A Guideline” describes major principles of European and German antitrust law for no... more

07/11/07 European Court of First Instance Upholds Acquisition by Morgan Lewis Clients Apollo Management and Hexion

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On July 9, 2007, the European Court of First Instance handed down a judgment in favor of Apollo Management and Hexion Specialty Chemicals, Inc., upholding Hexion’s acquisition of Akzo Nobel’s Inks and Adhesives Resins b... more

Summer 2007 The DOJ/FTC Report on Antitrust Enforcement and Intellectual Property Rights, Antitrust Magazine, Vol. 21, No. 3 (American Bar Association, Section of Antitrust Law)

Outside Publications | Article
Willard Tom

06/29/07 Leegin Creative Leather Products, Inc. v. PSKS, Inc.: Supreme Court Abrogates Century-Old Per Se Rule Against Resale Price Maintenance

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

Overturning a century-old precedent, the Supreme Court yesterday laid to rest—at least for federal antitrust purposes—the last per se prohibition on vertical restraints. The 5-to-4 decision in Leeg... more

06/27/07 Bell Atlantic v. Twombly Aftermath, presented at a Strafford Publications Teleconference

Presentation | Speech
Scott Stempel

06/20/07 Credit Suisse Securities v. Billing: Supreme Court Grants Securities Industry Broad Immunity in Antitrust Lawsuits

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

The United States Supreme Court ruled yesterday in Credit Suisse Securities v. Billing that securities laws create broad immunity from antitrust lawsuits, ruling that antitrust laws do not apply to the syndicat... more

Quarterly Developments in National Competition Laws: Germany, Wirtschaft und Wettbewerb

Outside Publications | Article
Jürgen Beninca, Christian Zschocke

05/22/07 Bell Atlantic v. Twombly: Supreme Court Tightens Pleading Standards in Antitrust Conspiracy Cases

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

The United States Supreme Court yesterday overturned the 50-year-old pleading standard from Conley v. Gibson and held—7 to 2—that antitrust conspiracy allegations must be “plausible” to survive a motion to dism... more

05/21/07 The Role of the Corporation in America: How Are the Rules of Corporate Governance and Antitrust Law Evolving?, presented at The Hudson Institute Center for Economic Policies Panel Discussion, Washington, D.C.

Presentation | Speech
John Shenefield

04/16/07 Is the Assumption Valid that Cartels are Fragile and Temporary—Particularly Because of the Difficulty of Controlling Cheating?, presented at Georgetown University Law Center's Conservative Economic Influence on U.S. Antitrust Policy Conference, Washington, D.C.

Presentation | Speech
John Shenefield

2007 Overview: Litigation, Litigation, Litigation, The 2007 Handbook of Competition Enforcement Agencies

Outside Publications | Chapter
Izzet Sinan

Reproduced with permission from Law Business Research Ltd. This article was first published in Global Competition Review - The 2007 Handbook of Competition Enforcement Agencies (published in March 2007). For further information please visit www.globalcompetitionreview.com.

01/30/07 German Merger Control Rules May Change: More Transactions Could Be Exempt from Filing

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

Fewer transactions will require notification in Germany if a recent lower court decision holds up. The court that reviews Federal Cartel Office (FCO) decisions, the Düsseldorf Higher Regional Court, recently br... more

01/18/07 FTC Raises Hart-Scott-Rodino Thresholds

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to be effective on or about February 22, 2... more

December 2006 The Legacy of Stolt-Nielsen: A New Approach to The Corporate Leniency Program? The Antitrust Source (American Bar Association)

Outside Publications | Article
John Everett, Jr.

11/16/06 Patent Holders Facing Fewer Risks: Implications of Dagher, Illinois Tool, Philips, and Schering-Plough, presented at the ABA Section of Antitrust Law Fall Forum, Washington, D.C.

Presentation | Speech
Willard Tom

11/15/06 Antitrust—An Important Year in Review, presented at the Pennsylvania Bar Institute CLE Program, Philadelphia

Presentation | Speech
Mark Edwards

10/23/06 Special Issues in International Mergers and Acquisition, presented at a Morgan Lewis Seminar, Philadelphia

Presentation | Speech
Izzet Sinan

07/27/06 Antitrust Update: A Roundtable Discussion of Recent Supreme Court Decisions, presented at The National Law Journal Roundtable, San Francisco

Presentation | Speech
George Cumming

07/12/06 FTC Unwinds Non-HSR Reportable Deal

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

Both the Federal Trade Commission and the Antitrust Division of the Department of Justice continue to scrutinize competitively aggressive transactions too small to be subject to the premerger notification requirements of the... more

07/06/06 New EU Fining Guidelines

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

The European Commission (the Commission) has further strengthened the deterrent factor in fines for violations of European Community antitrust rules by issuing new guidelines (the Guidelines), designed to increase the level ... more

04/25/06 Understanding Market Power and Its Effect on Antitrust Analysis of Company Actions, presented at American Conference Institute's In-House Counsel Forum on Pharmaceutical Antitrust, New York

Presentation | Speech
Scott Stempel

04/17/06 Parties Violate HSR Act and Pay $1.8 Million “Gun-Jumping” Fine

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

In another of a series of enforcement actions over pre-closing activities by parties to a merger, the Department of Justice (DOJ) last Thursday charged two companies with violating the Hart-Scott-Rodino Act (HSR Act) by givi... more

April 2006 Responding to SEC Subpoenas: Cooperation Through Credible Assurances of Complete Production (co-author), Defense Counsel Journal, Vol. 73, p. 107

Outside Publications | Article
Tonya Oliver

03/23/06 Foreign Company Pleads Guilty to Felony in Connection with an Antitrust Merger Case

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

In an extraordinary move, the Antitrust Division of the Department of Justice (DOJ) brought a criminal prosecution against CMET, Inc. (CMET) for obstruction of justice relating to the settlement of a merger case. The mer... more

02/17/06 FTC Announces Merger Review Reforms: Reforms Designed to Ease Burden of “Second Requests”

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

Clients contemplating mergers that have potential antitrust issues should be aware of some significant reforms to the merger review process announced yesterday by the FTC. The reforms, which take effect for FTC investigations resulting from Hart-Scott-Rodino filings submitted starting today, are intended to reduce the burgeoning time and cost associated with complying with so-called “Second Requests,” the often burdensome government demand for documents and information in the investigation of transactions that raise antitrust issues. The merger review process authorized by the Hart-Scott-Rodino Act permits the FTC or the Department of Justice (DOJ) to review the competitive effects of transactions over a certain size before the parties can close. DOJ has not yet issued a similar set of reforms but is widely expected to do so in the near future.

In part because of the explosion in the use of email and other electronic documents, the size of Second Request document pro

02/02/06 Tying, Exclusive Dealing, and Refusals to Deal, presented at the 45th Annual Advanced Antitrust Seminar: Distribution & Marketing, San Francisco

Presentation | Speech
Willard Tom

01/23/06 Volvo Decision Offers Some Comfort, But Few Bright Lines, Concerning Price Discrimination

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On January 10, the Supreme Court issued its first secondary-line Robinson-Patman Act decision since Texaco v. Hasbrouck in 1990. Its decision in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. pr... more

01/19/06 FTC Raises Hart-Scott-Rodino Thresholds Effective February 17, 2006

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

Effective on February 17, 2006, the Federal Trade Commission (FTC) will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new rules include an increase in the size-of-transaction tes... more

2006 Antitrust Treatment of Pharmaceutical Patent Settlements: The Need for Context and Fidelity to First Principles, Federal Circuit Bar Journal, Vol. 15

Outside Publications | Article
Willard Tom

12/22/05 European Commission Invites Comment on Proposed Article 82 Exclusionary Abuses

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On December 19, the European Commission released its long-awaited discussion paper on "exclusionary abuses" under Article 82 of the EC treaty. Article 82, which is analogous to Section 2 of the Sherman Act, pro... more

December 2005 Is Securities Fraud Actionable Under the Antitrust Laws?, Wall Street Lawyer

Outside Publications | Article
Jonathan Rich

October 2005 Morgan Lewis on Competition
October 2005

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Appeals Court Decision in Three Tenors Case Leaves PolyGram Singing the Blues: ... more

Fall/Winter 2005 A Field Guide to Antitrust Issues in Standard Setting and Patent Pooling, Competition: The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol. 14, No. 2

Outside Publications | Article
Willard Tom

09/30/05 Second Circuit Holds That Antitrust Laws Apply to Underwriter Syndicates

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

The Second Circuit Court of Appeals in New York decided on Wednesday that antitrust laws apply to underwriter syndicates.

The plaintiffs in the IPO case allege that the defendants, prominent underwriter... more

July 2005 Morgan Lewis on Competition
July 2005

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Antitrust Modernization Commission Gets to Work: The Antitrust Modernization Commission ... more

06/21/05 Thinking Creatively About Antitrust Remedies; Appearing on Panel: Class Action Remedy Workshop, presented at The American Antitrust Institute, Washington, D.C.

Presentation | Speech
Scott Stempel

June 2005 Acquiring US Business: Anticipating Antitrust Filings and Avoiding "Gun Jumping" Risk, American British Business

Outside Publications | Article
Harry Robins, Michael Pedrick

05/24/05 Defining the "Market" and Its Effect on Antitrust Analysis of Pharmaceutical Company Conduct and Transactions presented at the American Conference Institute; In-House Consul Forum on Pharmaceutical Antitrust, in Washington, D.C.

Presentation | Speech
Scott Stempel

05/24/05 Pharmaceutical Industry Mergers: Anticipating Antitrust Issues and Surviving the Investigation, presented at the American Conference Institute In-House Counsel Forum on Pharmaceutical Antitrust, Washington, D.C.

Presentation | Speech
Stephen Mahinka

March 2005 Morgan Lewis on Competition
March 2005

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • New Hart-Scott-Rodino Rules Regarding Reporting Thresholds and Non-Corporate Entities Finalized: The Hart-Scott-Rodino Antitrust and Improve... more

01/25/05 Supreme Court Ruling in Booker/Fanfan Suggests Changes in Antitrust Sentencing in 2005

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On January 12, 2005, the Supreme Court reversed 20 years of federal sentencing practices in two opinions that nullified the requirement that judges find facts to increase sentences after a jury verdict or guilty plea.more

January 2005 Räumliche Marktabgrenzung in der deutschen Fusionskontrolle - Zugleich eine Anmerkung zum BGH-Beschluss Staubsaugerbeutelmarkt [The geographic scope of relevant markets in German merger control], Wirtschaft und Wettbewerb

Outside Publications | Article
Jürgen Beninca

December 2004 Extraterritoriale Anwendung US-amerikanischen Kartellrechts, zugleich eine Besprechung von F. Hoffman-La Roche Ltd. v. Empagram S.A. [Extra-territorial application of U.S. Antitrust laws], Wirtschaft und Wettbewerb

Outside Publications | Article
Jürgen Beninca

November 2004 Morgan Lewis on Competition
November 2004

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Practice Alert! Know Your Obligations to Preserve Electronic Data: There is a growing bo... more

November 2004 Licensing in the Pharmaceutical Industry: Strategies and Questions Regarding Antitrust Premerger Notification, FDLI Update

Outside Publications | Article
Harry Robins, Stephen Mahinka

October 2004 Morgan Lewis on Competition
October 2004

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • FTC Consent Settlements Continue Close Scrutiny of Pharmaceutical Industry: Two recent F... more

09/10/04 Court Raises Bar for Market Definition in Oracle/PeopleSoft Decision

LawFlash/Client Alert | Antitrust LawFlash
Willard Tom

On September 9, 2004, U.S. District Court Judge Vaughn Walker handed the Department of Justice (DOJ) a major defeat by rejecting its attempt to enjoin Oracle Corporation from acquiring PeopleSoft, Inc. In doing... more

2004 Manual of Foreign Investment in the United States, Third Edition, Co-author

Outside Publications | Book
John Shenefield

July 2004 Morgan Lewis on Competition
July 2004

Newsletter | Morgan Lewis on Competition
John Shenefield, Jürgen Beninca, Willard Tom

In this Issue:

  • Antitrust Partners Among Morgan Lewis Attorneys Identified in Prestigious Chambers Leadership Directorymore

Summer 2004 Coherence or Confusion: The Future of the Global Antitrust Conversation, The Antitrust Bulletin

Outside Publications | Article
John Shenefield

06/24/04 New Tools for Antitrust Prosecutors: President Signs Bill that Increases Sentences and Encourages Cooperation

LawFlash/Client Alert | Antitrust LawFlash
John Everett, Jr.

 

06/15/04 Supreme Court Says U.S. Courts Cannot Hear Claims Brought by Foreign Victims of Cartels

LawFlash/Client Alert | Antitrust LawFlash
John Shenefield, Peter Halle, Jonathan Rich

On June 14, 2005, the United States Supreme Court held unanimously that foreign victims of a cartel cannot sue the cartel members in U.S. courts for damages caused by transactions that occurred abroad. The Cour... more

06/03/04 Congress Passes New Rules for Standards Development Organizations

LawFlash/Client Alert | Antitrust LawFlash
Randall Conner

The House on Wednesday sent a bill to President Bush that if signed into law will amend the antitrust laws to limit the potential liability of qualifying standards development organizations. Significantly, however, the legislat... more

June 2004 Schadensersatzansprüche von Kunden eines Kartells? [Damage claims of customers of a cartel?], Wirtschaft und Wettbewerb

Outside Publications | Article
Jürgen Beninca

May 2004 The Latest Word From the Supreme Court on When a Firm Must Deal With a Rival: Verizon Communicatio

White Paper | Morgan Lewis White Paper
Jonathan Rich

 

2004 Applying Antitrust Law Effectively: The Importance of Simplifying Complexity, Winning Antitrust Strategies (Aspatore Books)

Outside Publications | Chapter
Stephen Mahinka

March 2004 Morgan Lewis on Competition
March 2004

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Articles & Speaking Engagements
  • We Have a F... more

03/17/04 How to Preserve Your Antitrust Immunity for Lobbying and Obtaining State Actions, presented at the Morgan Lewis Trade Association Teleseminar Series

Presentation | Speech
Stephen Mahinka

March 2004 Recent Developments in U.S. Antitrust Merger Review and Enforcement

White Paper | Morgan Lewis White Paper
Willard Tom

As we have discussed in previous White Papers, the FTC and DOJ have been aggressively investigating so-called “gun-jumping” violations that occur when merging parties integrate operations, the buyer prematurely takes operati... more

March 2004 Justice Department Sues to Block Oracle Acquisition of PeopleSoft Gets Involved in Hostile Takeover

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On February 26, the Antitrust Division and seven state attorneys general sued to stop Oracle’s hostile takeover of PeopleSoft, a move less notable for its antitrust analysis than for the circumstances in which it occurr... more

02/27/04 Insurance Coverage For Sherman Act Antitrust Claims

LawFlash/Client Alert | Antitrust LawFlash
Litigation

This is a reminder to our clients that the cost of defending Sherman Act antitrust claims, as well as any resulting damage awards, may be covered under your general liability insurance policies. Allegations of ... more

01/14/04 Supreme Court Significantly Limits the Reach of Monopolization Claims

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

In its first pronouncement on monopolization law in a decade, the Supreme Court yesterday placed strict limits on the circumstances in which the antitrust laws can require a monopolist to deal with rivals. In <... more

January 2004 Status Report on Developments Relating to the Jurisdiction of the United States Court of Appeals for the Federal Circuit

Outside Publications | Article
John Everett, Jr., Scott Stempel, Alexis Gilman

Prepared by the Holmes Group Task Force and Intellectual Property Committee, Section of Antitrust Law, American Bar Association

To read the report, go to: more

01/01/04 The Role of Pharmaceutical Licensing in Product Lifecycle Management: Litigation and Settlement Under the Hatch-Waxman Act (Chapter 8), Licensing Deskbook (Loislaw)

Outside Publications | Chapter
Stephen Mahinka, Willard Tom

December 2003 Morgan Lewis on Competition
December 2003

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Articles & Speaking Engagements
  • more

December 2003 and January 2004 From Boxes of Documents to Gigabytes and Meta Data: A Guide to Antitrust Document Productions in the 21st Century, The Metropolitan Corporate Counsel, Parts I and II

Outside Publications | Article
Robert Wiggins

November 2003 Current Issues in Transatlantic Competition Cooperation, The European Antitrust Review 2004

Outside Publications | Chapter
Jonathan Uphoff, Izzet Sinan

November 2003 Review of Joint Ventures Under the New EC Merger Regulation, The European Antitrust Review 2004

Outside Publications | Chapter
Jonathan Uphoff, Izzet Sinan

October 2003 Morgan Lewis on Competition
October 2003

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Circuit Split Emerges in Patent Settlement Cases: Adopting a position urged by Morgan Le... more

August 2003 Morgan Lewis on Competition
August 2003

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Justice Department Files Brief on Jurisdictional Reach of Sherman Act: The Department of... more

08/05/03 Antitrust Issues in Joint Ventures, presented at the Practising Law Institute's Conference on Structuring, Negotiating, and Implementing Strategic Alliances, New York

Presentation | Speech
Scott Stempel, Willard Tom

July 2003 Antitrust Issues in Due Diligence Review of Intellectual Property, presented at the American Bar Association's Antitrust Section Annual Meeting, San Francisco

Presentation | Speech
Scott Stempel

July 2003 Making Sense of Competition Analysis in the Pharmaceutical Industry, presented at the National Economic Research Associates' (NERA) Annual Antitrust and Trade Regulation Seminar, Santa Fe, NM

Presentation | Speech
Scott Stempel

2003 U.S. and E.C. Antitrust Approaches to Patent Uncertainty, Law and Policy in International Business, Vol. 34

Outside Publications | Chapter
Alexis Gilman, Willard Tom

June 2003 Cutting Edge Issues at the Intersection of Antitrust and Intellectual Property Law, presented at the American Bar Association's National Conference for the Minority Lawyer, Philadelphia

Presentation | Speech
Scott Stempel, Willard Tom

May/June 2003 Morgan Lewis on Competition
May/June 2003

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Justice Department Resolves Merger Without Consent Decree: The Antitrust Division contin... more

05/15/03 Avoiding Common Antitrust Problems in Intellectual Property Licenses, presented at the American Intellectual Property Law Association's (AIPLA) Conference on Antitrust Law and IP Licensing, Atlanta, GA

Presentation | Speech
Willard Tom

04/16/03 Recent Developments In U.S. Antitrust Merger Review and Enforcement

White Paper | Morgan Lewis White Paper
Antitrust

A series of recent enforcement actions by the U.S. antitrust enforcement agencies – the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) – are notable for multimillion-dollar fines... more

April 2003 Pharmaceutical Licensing in Product Lifecycle Management: Litigation and Settlement Under the Hatch-Waxman Act: Parts One and Two (March and April 2003), Licensing Journal

Outside Publications | Article
Stephen Mahinka, Willard Tom

04/05/03 Joint Ventures: In the Antitrust Gun sights Again? When Will Operating Rules, Non-Competes, and Other Provisions Cause Antitrust Problems?

Presentation | Speech
Willard Tom

04/04/03 Georgetown University Law Center School Second Annual Miles W. Kirkpatrick Lecture in Antitrust Law April 4, 2003

Presentation | Speech
Antitrust

April 2003 The FTC and Intellectual Property: A Look at the Future, presented at Fordham University's 11th Annual Conference on Intellectual Property Law and Policy, New York

Presentation | Speech
Willard Tom

04/01/03 The Price of Loyalty: Bundled Discounts and Quasi-Exclusive Discount Structures

Presentation | Speech
Willard Tom

03/20/03 26 Practical Q&A's About the Robinson-Patman Act

Presentation | Speech
Willard Tom

March 2003 Morgan Lewis on Competition
March 2003

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Acting Assistant Attorney General Warns Against Gun-Jumping: R. Hewitt Pate, in his firs... more

01/24/03 U.S. Appeals Court Reinstates Foreign Plaintiffs’ Vitamin Price-Fixing Claims

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

In an important decision issued January 17, 2003, a U.S. Court of Appeals reinstated price-fixing claims of foreign purchasers of vitamins against more than a dozen vitamin manufacturers. In a 2-1 decision, the... more

2003 Wettbewerbsrechtliche Aspekte der "True Sale Initiative" [Competitive Aspects of the "True Sale Initiative"], Zeitschrift für Bank- und Kapitalmarktrecht ("BKR")

Outside Publications | Article
Jürgen Beninca

12/17/02 Important Merger News From Both Sides of the Atlantic

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

In a speech delivered on December 11, 2002, Joe Simons, Director of the FTC's Bureau of Competition ("BC"), announced some important improvements to the Second Request process, while reaffirming the current administrati... more

December 2002 Morgan Lewis on Competition
December 2002

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Healthcare Remains An Important Focus of Antitrust Scrutiny : The health care industry wi... more

08/09/02 Antitrust and Intellectual Property: Issues for the Transactional Lawyer

Presentation | Speech
Scott Stempel

August 2002 Morgan Lewis on Competition
August 2002

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • ALJ's Decision in Schering-Plough Gives Hope to Pioneer Companies: In a striking departu... more

07/31/02 Federal Trade Commission Recommends Changes to Hatch-Waxman Act

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

In a report issued yesterday after a year-long study, the Federal Trade Commission unanimously recommended two significant changes and what it described as three “minor” changes to the Hatch-Waxman Act. First, ... more

July 2002 Dealer Termination Checklist: A Practical Guide

White Paper | Morgan Lewis White Paper
Mark Edwards

Although the purposes of terminated dealers’ lawsuits have not changed in the last 25 years, the nature of their legal claims has, and, in general, those suits have become more difficult for dealers to win. Terminating e... more

July 2002 Report on the United States Court of Appeals for the Federal Court, Section of Antitrust Law: American Bar Association

Outside Publications | Article
Scott Stempel

June 2002 Morgan Lewis on Competition

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Motions to Dismiss Patent Misuse and Antitrust Counterclaims Prove Effective In Patent Litigation: more

April 2002 Antitrust Considerations for M&A Contracts, The In-House Lawyer

Outside Publications | Article
Harry Robins

2002 Casting a Long IP Shadow Over Antitrust Juris Prudence: The Federal Circuit's Expanding Jurisdictional Reach, ABA: Antitrust Law Journal, Vol. 28, No. 3

Outside Publications | Chapter
Scott Stempel

2002 The Antitrust Laws: A Primer (American Enterprise Institute)

Outside Publications | Book
John Shenefield

October 2001 Dealing With Antitrust Questions in Mergers and Acquisitions, presented at the Utility M&A Conference, San Antonio

Presentation | Speech
Floyd Norton, IV, Stephen Mahinka

October 2001 Recent Developments in Antitrust Merger Review and Enforcement

White Paper | Morgan Lewis White Paper
Harry Robins

This year continues to bring noteworthy developments under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”), the law that enables the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of J... more

October 2001 The Microsoft Ruling

White Paper | Morgan Lewis White Paper
Stephen Mahinka

This White Paper summarizes the salient antitrust rulings by the Court of Appeals for the District of Columbia in United States v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001). The goals in preparing this White... more

July 2001 Morgan Lewis on Competition
July 2001

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Microsoft: Who is the Winner?: By now everyone has heard that the U.S. Court of Appeals ... more

June 2001 2001 Hart-Scott-Rodino Developments

White Paper | Morgan Lewis White Paper
Harry Robins

This paper discusses recent developments in connection with the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). Specifically, we discuss certain new Rules issued by the Federal Trade Commiss... more

May 2001 Consolidation of Internet-Based Platforms in the Financial Markets: An Antitrust Primer, Wall Street Lawyer, Vol. 4, No. 12

Outside Publications | Article
Harry Robins, Jonathan Rich

May 2001 Hart-Scott-Rodino Merger Investigations: A Guide for Safeguarding Business Secrets, The Business Lawyer, Vol. 56

Outside Publications | Article
Harry Robins

May 2001 Preclosing Cooperation in Energy Mergers: Antitrust Issues and Practical Concerns, Project Finance Monthly

Outside Publications | Article
Stephen Mahinka

April 2001 Morgan Lewis on Competition
April 2001

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Antitrust Enforcement in the New Administration: The inauguration of President George W.... more

March 2001 Antitrust Considerations for Internet-Based Joint Ventures in the Financial Markets, wallstreetlawyer.com, Vol. 4, No. 10

Outside Publications | Article
Harry Robins, Jonathan Rich

2001 The Antitrust Laws: A Primer (American Enterprise Institute)

Outside Publications | Book
John Shenefield

January 2001 Is Innovation King at the Antitrust Agencies? The Intellectual Property Guidelines Five Years Later, Antitrust Law Journal, Vol. 69

Outside Publications | Article
Willard Tom

January 2001 It's Worse Than You Think: US Regulatory Changes Require Pharmaceutical Company Attention, International Financial Law Review: Competition & Antitrust (Special IFLR Supplement)

Outside Publications | Article
Stephen Mahinka, Kathleen Sanzo, Willard Tom

January 2001 Morgan Lewis on Competition
January 2001

Newsletter | Morgan Lewis on Competition
Antitrust

In this Issue:

  • Major HSR Reforms Enacted: On December 21, 2000, President Clinton signed into law a bil... more

January 2001 The 1975 Xerox Consent Decree: Ancient Artifacts and Current Tensions, Antitrust Law Journal, Vol. 68

Outside Publications | Article
Willard Tom

January 2001 Transatlantic Mergers and Merger Control, International Financial Law Review: Competition & Antitrust

Outside Publications | Article
Izzet Sinan

11/06/00 Do You Know Patents? Today's Antitrust Practice Requires a Good Grasp of Intellectual Property Law, Legal Times, Vol. 23, No. 44

Outside Publications | Article
Scott Stempel, Willard Tom

November 2000 Preclosing Cooperation in Energy Mergers: Antitrust Issues and Practical Concerns, The Electricity Journal

Outside Publications | Article
Stephen Mahinka

January 2000 Anticompetitive Aspects of Market-Share Discounts and Other Incentives to Exclusive Dealing, Antitrust Law Journal, Vol. 67

Outside Publications | Chapter
Willard Tom

January 2000 Toward A Flexible Rule of Reason, Antitrust Law Journal, Vol. 68 </