Tag Archives: DOJ

I Don’t Care How Much I Pay (too Much, the Magic Bus)*

DOJ and New York sue to restore tour bus competition Last week, the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City.  The tour bus operators supposedly accounted for about 99 … Continue Reading

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

One is the loneliest number that you’ll ever do Two can be as bad as one It’s the loneliest number since the number one                    – Three Dog Night The worst antitrust offenses involve conspiracies involving multiple actors.  Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or … Continue Reading

No Poaching Here – “No-Hire/Non-Solicitation” Provisions in Transactional Agreements

So, what does last month’s antitrust lawsuits against eBay by the DOJ and the State of California mean for the continued use of merger and other types of agreements (like NDAs and confidentiality agreements) that often contain clauses restricting one party from soliciting or hiring the other’s employees?  Probably not much.… Continue Reading