Attorney Daniel Graulich discusses the Fourth Circuit’s recent reversal of a bid-rigging conviction of a former manager of an aluminum products manufacturer for failure to state a per se antitrust offense. The Court held that the trial court’s application of the per se rule failed to adequately consider the alleged scheme took place within the context of a “dual distribution” relationship among competing bidders, who also maintained an exclusive supplier relationship. As a result, the…
In a notable turn of events, the Federal Trade Commission (FTC) announced that it would abandon its in-house post-consummation challenge of the 2018 acquisition by Axon Enterprise, Inc. (“Axon”) of VieVu, LLC (“VieVu”). The FTC’s decision follows a recent adverse ruling from the Supreme Court, which held that parties are entitled to assert constitutional challenges against the FTC before being required to participate in its administrative proceedings. In a statement announcing the decision, the FTC…
Justine Johnston, a competition and foreign investment lawyer Toronto and Dan Graulich an antitrust lawyer from Washington DC office, discuss recently announced changes related to the substantive review of mergers in the US and Canada.
In the latest episode of our North America Antitrust Group’s “Beating the Competition” podcast, partners Brian Burke and Mark Mandel discuss the critical issue of managing potential risks arising between parties to strategic M&A transactions during the period between signing and closing — particularly deals where protracted antitrust reviews are anticipated or possible.
In the latest episode of our North America Antitrust Group’s “Beating the Competition” podcast, partners Brian Burke and Teisha Johnson discuss the potential implications of the forthcoming review by the US Supreme Court of the Federal Trade Commission’s authority to obtain equitable monetary relief under Section 13(b) of the FTC Act. Baker McKenzie’s Brian Burke & Teisha Johnson
Baker McKenzie Partners Brian Burke and Luis Gomez discuss the recently abandoned deal between Sabre and Farelogix, which was blocked by the UK’s Competition Markets Authority (or CMA) shortly after the Antitrust Division of the US DOJ failed in its pursuit of the same outcome. Brian and Luis review the procedural aspects of the matter, including the CMA’s aggressive assertion of jurisdiction, and discuss whether this matter may be a harbinger for a post-Brexit world.