On January 13, 2017, the US Federal Trade Commission and US Department of Justice (collectively, the "Agencies") jointly issued revised Antitrust Guidelines for International Enforcement and Cooperation (the "Guidelines").
A recent lawsuit by the US Department of Justice’s Antitrust Division and three states is the latest example of the antitrust authorities’ willingness to attack consummated transactions — even ones that are too small to be reported pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act).
Exclusive dealing has long been a source of concern under the antitrust laws. Section 3 of the Clayton Act, 15 U.S.C. § 14, expressly prohibits conditioning a sale or discount upon the purchaser refusing to deal with the seller’s competitors when the effect of such a sale or discount would be substantially to lessen competition or to tend to create a monopoly.