Competition Law and Antitrust Law

California's new COMPETE Act fundamentally transforms state antitrust enforcement by allowing prosecutors to target single dominant firms for monopolistic conduct. With $14.3 million in new funding...

California's new COMPETE Act expands state antitrust enforcement to target single-firm monopolization and monopsonization conduct, creating a broader mandate than federal law. Beginning January 1, 2027, public enforcers will have authority to challenge exclusionary business practices that fall outside the Sherman Act's scope, potentially reshaping the competitive landscape for companies operating in California.

U.S. Customs and Border Protection is considering significant regulatory amendments that would require importers to provide enhanced supply chain visibility, implement technical tracing solutions, and submit foreign export documentation. These proposed changes could fundamentally alter import procedures and compliance requirements for businesses bringing goods into the United States, with public comments due by December 1, 2026.

California's new COMPETE Act expands state antitrust enforcement to target single-firm monopolization and monopsonization conduct, creating a broader mandate than federal law. Beginning January 1, 2027, public enforcers will have authority to challenge exclusionary business practices that fall outside the Sherman Act's scope, potentially reshaping the competitive landscape for companies operating in California.

The European Commission's 2020 enforcement action against ethylene purchasers for coordinating buy-side pricing strategies has triggered over €10 billion in follow-on damages claims and raised fundamental questions about the legality of competitor collaborations in the chemicals industry. While naked buyer cartels remain per se illegal, this analysis examines why the ancillary restraints doctrine should protect legitimate industry collaborations—including product swaps, joint purchasing agreemen

California's new COMPETE Act expands the Cartwright Act to prohibit monopolization and monopsonization by single firms, granting the Attorney General and district attorneys powerful new enforcement tools. How will this law, which diverges from federal antitrust standards and carries penalties up to $6 million per violation, reshape competitive practices for businesses operating in California?

California's new COMPETE Act fundamentally transforms state antitrust enforcement by allowing prosecutors to target single dominant firms for monopolistic conduct. With $14.3 million in new funding...

A Delaware Court of Chancery decision examines whether an acquiror can terminate a $2.35 billion merger agreement when antitrust approval is delayed beyond the outside date. The case centers on whether the acquiror's abandonment of discussions with a competitor—which triggered an FTC investigation—constitutes "willful conduct" that prevents the buyer from walking away from the deal.

The Pennsylvania and New Jersey Attorneys General have independently filed lawsuits challenging asphalt-industry mergers, marking a significant shift in state-level antitrust enforcement. Both cases were swiftly resolved through negotiated divestitures, demonstrating that state attorneys general are increasingly willing to act as frontline merger enforcers without federal agency involvement.