Searching Content by Mary Strimel from McDermott Will & Emery ordered by Published Date Descending.
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THE LATEST: FTC Settles Civil Complaint For Wage-Fixing
A recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market.
United States
8 Aug 2018
THE LATEST: DOJ Continues Its Intense Focus On Decree Compliance
In March, we discussed the US Department of Justice (DOJ) Antitrust Division's move to update its standard consent decree language to enhance decree enforceability. Among other things, the changes:
United States
21 May 2018
DOJ Enforcement Update: Higher Education
According to press reports, the Antitrust Division of the US Department of Justice (DOJ) is investigating several issues related to admission of students to institutions of higher learning.
United States
27 Apr 2018
DOJ Consent Decree Changes Reduce Room For Error
The Department of Justice Antitrust Division (DOJ) implemented new provisions in merger consent decrees that:
United States
21 Mar 2018
THE LATEST: Trump DOJ's Next Target: The Illinois Brick Indirect Purchaser Rule?
In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law...
United States
2 Feb 2018
Jury Gives Auto Parts Manufacturer A Pass On DOJ Conspiracy Claims
The case involved a rare trial involving criminal antitrust charges.
United States
13 Dec 2017
Joint FTC / DOJ Guidance: Hurricanes Harvey And Irma
Businesses and individuals in Texas, Florida, the Southeast, Puerto Rico and the Virgin Islands are preparing for a massive recovery and reconstruction effort in the wake of Hurricanes Harvey and Irma.
United States
14 Sep 2017
DOJ Prosecution Of Heir Location Service Providers Dismissed On Statute Of Limitations Grounds
This ruling opens a crack in the line of Sherman Act per se cases, creating an opportunity for defendants to argue for rule of reason treatment where there are novel factual issues.
United States
13 Sep 2017
THE LATEST: Federal Judge Blocks Merger Of Nuclear Waste Disposal Companies Rejecting "Failing Firm" Defense
On June 21, 2017, US District Judge Sue L. Robinson blocked EnergySolutions, Inc.'s proposed acquisition of Waste Control Specialists LLC (WCS), applying a strict standard for the "failing firm" defense to a merger challenge.
United States
28 Jul 2017
Individual Accountability Likely To Continue For Cartel Enforcement
To date, the US Department of Justice Antitrust Division (DOJ) has obtained six corporate guilty pleas, three individual indictments and one individual guilty plea in its long-running investigation...
United States
15 Jun 2017
THE LATEST: Limiting Early Discovery In Parallel Criminal And Civil Cases
Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a judge's determination on discovery timing and process.
United States
9 May 2017
THE LATEST: Entanglements And Concentrated Markets Require Divestiture In The Dairy Industry
On July 6, 2016, Danone S.A. (Danone) agreed to acquire The WhiteWave Foods Company (WhiteWave) for $12.5 billion.
United States
24 Apr 2017
THE LATEST: Acting AAG Clarifies Scope Of Amnesty For Executives
The leniency program is the crown jewel of the Division's enforcement regime because of its demonstrated success generating new cases.
United States
12 Apr 2017
THE LATEST: Further Efforts To Broaden The Scope And Impact For CFIUS Reviews Of Foreign Acquisitions Of US Businesses
Any businesses with planned or pending cross-border M&A activity in the US, including those in the agribusiness sector, should monitor these developments.
United States
28 Mar 2017
THE LATEST: National Security Reviews Of Foreign Ownership May Broaden
The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced "syphius") reviews M&A transactions that may pose a risk to national security through foreign control of a US business.
United States
6 Mar 2017
THE LATEST: Employee "No-Poaching" Agreements Remain In The Antitrust Crosshairs
There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees.
United States
1 Mar 2017
DOJ Policy Updates Signal Continuity Of Antitrust Program
This month, the US Department of Justice Antitrust Division revised its "Frequently Asked Questions About the Antitrust Division's Leniency Program and Model Leniency Letters" (FAQs)...
United States
10 Feb 2017
The Latest: DOJ Trial Machine Is Staffed Up, Fired Up
The DOJ Antitrust Division scored another trial win — this time in a real estate foreclosure bid rigging case.
United States
8 Feb 2017
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