Competition Law and Antitrust Law

The U.S. Department of Justice's Antitrust Division has introduced a revised Model Timing Agreement featuring an optional "Expedited Consideration" process that allows merging parties to address discrete competitive concerns through a focused evidentiary record before undertaking full Second Request compliance. This new framework offers potential time and cost savings for transactions where limited evidence can resolve key antitrust issues, though it requires careful assessment of whether the accelerated re

Two federal appellate courts have reached opposite conclusions on price-fixing allegations involving AI-driven pricing software, creating a potential circuit split. The Third Circuit's reversal in Cornish-Adebiyi v. Caesars Entertainment contrasts sharply with the Ninth Circuit's dismissal in Gibson v. Cendyn Group, despite both cases involving the same algorithmic pricing technology used by competing hotels and casinos.

The Trump administration's DOJ Antitrust Division has introduced a formalized "Expedited Consideration" process for merger reviews, offering a streamlined alternative to full Second Request investigations. This new timing agreement establishes a middle route that focuses initially on the most competitively significant aspects of deals, potentially reducing the months-long compliance burden and multi-million dollar costs traditionally associated with comprehensive merger reviews.