Antitrust cases are fought as much in the court of public opinion as in a courtroom, and experts say that calls for a multipronged strategy.
Antitrust lawyers love to talk about the consumer welfare standard and the rule of reason, and indeed these things are central to the intellectual framework of the law and to practical counseling. But when they’re put to the test in high-stakes litigation against Big Tech, courts generally recoil...
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The recent emphatic ruling that dismissed the Federal Trade Commission’s data security case against LabMD, a medical testing company, leaves a number of questions for the agency, from whether to...
The whirlwind of mergers that has put this year on pace to be a record-setter—with an explosion of mega-transactions that top $10 billion—has triggered a jump in academic writings that question the...
Should the Federal Trade Commission or the Justice Department see to it that companies don’t force consumers to agree to not post negative product reviews?
In the summer of 1974, a University of Texas law student working as a summer associate at the law firm Covington & Burling was assigned to a project on international antitrust. That project would...
As US and European negotiators work on hammering out a new deal to govern transatlantic data transfers, a debate has erupted over the Federal Trade Commission’s effectiveness in ensuring that...
The following article first appeared on Nov. 16 on MLex. For more information on MLex, including getting access to its exclusive content, please contact sales@mlex.com.