BakerHostetler

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NCAA, COVID and Paying Players: Negotiating Payment in the Midst of a Pandemic

In May, three judges on the U.S. Court of Appeals for the Ninth Circuit ruled unanimously against the NCAA in its appeal of the lower court decision, finding that the organization’s policies that prohibit student-athletes from being compensated are, in fact, anticompetitive. Last year we examined the decision in Alston v. NCAA, an opinion by … Continue Reading

When Routine Merger Review Opened More Than a Can of Tuna

The shelf-stable tuna industry has been decidedly unstable behind the shelves. In 2014, two of the “big three” industry leaders – Bumble Bee Foods and Chicken of the Sea – announced a proposed merger that would have swamped the then-industry leader StarKist. The shelf-stable tuna industry has been decidedly unstable behind the shelves. In 2014, … Continue Reading

Antitrust Agency Turf War Over Big Tech Investigations

The Federal Trade Commission and the Department of Justice have found themselves under the microscope as calls for antitrust investigations into “Big Tech” companies escalate. The Federal Trade Commission and the Department of Justice have found themselves under the microscope as calls for antitrust investigations into “Big Tech” companies escalate. The agencies, which share civil … Continue Reading

Does Section 2 of the Sherman Antitrust Act Need More Bite?

Last month, two members of Congress introduced the Monopolization Deterrence Act, which would allow the Justice Department and the Federal Trade Commission to seek civil penalties for monopolization offenses under U.S. antitrust law. After almost 120 years, does the Sherman Antitrust Act need statutory tweaking? Sens. Amy Klobuchar and Richard Blumenthal seem to think so. … Continue Reading

Private Antitrust Litigation and State Action Immunity in the U.S. since 2015

An article written by Partners Carl Hittinger and Danyll Foix and Counsel William DeVinney was published Sept. 20, 2019, by Global Competition Review. The article, “United States: Private Antitrust Litigation,” reviews private antitrust litigation developments in the five years since the U.S. Supreme Court’s 2015 ruling in North Carolina State Board of Dental Examiners v. Federal … Continue Reading
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