Blog


News about developments in antitrust cases, mergers and acquisitions, and related regulatory and legislative activity. Tom Hagy is the Executive Editor of the MoginRubin LLP Blog.

CFIUS: A Guardian of National Security or a Protectionist Tool?

There is no excerpt because this is a protected post.

DOJ Guides Prosecutors Considering Criminal Charges in Assessing Corporate Compliance Programs

WASHINGTON, D.C. — The U.S. Department of Justice Criminal Division has issued guidance to assist prosecutors in assessing corporate compliance programs during criminal investigations. Saying…

Supreme Court Greenlights iPhone App Antitrust Case by ‘Direct Purchasers’

The Supreme Court held today that iPhone users are “direct purchasers” of apps from Apple’s wildly popular multi-billion-dollar App Store and have standing to sue,…

Product Performance Differences a Key Factor in ‘Relevant Market’ Definition

In an Initial Decision announced May 7, Chief Administrative Law Judge D. Michael Chappell upheld a Federal Trade Commission complaint challenging the consummated merger of two prosthetics manufacturers that…

German Competition Regulator Calls Facebook’s User Data Collection “Exploitative Abuse”

The German competition regulatory authority has decided to bar Facebook from combining user data with data it scrapes from non-Facebook sources — a major spring…

Spotify Tells EU Apple is Hampering Competitors as Apple Music Surpasses Spotify in U.S.

Swedish music streaming company Spotify Technology SA’s antitrust complaint against Apple Inc. in Europe is another example of a dispute arising when a company is…

Add-On Acquisitions Require Antitrust Due Diligence, Expertise, and Proactivity

With the uptick in global private equity add-on acquisition activity comes the usual M&A-related risks, but getting out in front of any potential antitrust challenges…

Sen. Markey Introduces Federal Privacy Bill of Rights Act, Includes Private Right of Action

On Friday, April 12, 2019, Senator Edward J. Markey (D-MA) introduced the Privacy Bill of Rights Act “in the wake of a series of revelations…

The New Antitrust Paradox

THE NEW ANTITRUST PARADOX: HOW PROTECTING COMPETITORS AHEAD OF CONSUMERS KILLS THE COMPETITION THAT ANTITRUST IS DESIGNED TO PROTECT. IS IT TIME TO GO BACK…

Employer Anticompetitive Practices Are Risky Business

Risky Business: No-Poach, Non-Competes, and Other Anticompetitive Employment Practices Are “Old-Time” Rock and Roll This is a brief excerpt of a thorough discussion of the…

Cannabis Competitors Engage in Anticompetitive Conduct to Protect Territory, More Cases Likely

The global cannabis market is on track to triple in size in the next three years, expecting to hit $32 billion, with two-thirds of that…

Expanding Private Right of Action Under California Consumer Protection Act Clears Judiciary Committee

By Jennifer M. Oliver, Counsel, MoginRubin LLP SACRAMENTO — April 10, 2019 — The California Senate Standing Committee on Judiciary yesterday voted 5-3 in support…

California Consumer Privacy Act Getting Fitted for New Teeth as 2020 Approaches

The landmark California Consumer Privacy Act of 2018 granted consumers new rights to protect themselves with respect to the collection and use of their private…

Entering Into a Naked No-Poach Agreement? Bring a Lawyer.

Employers and business owners who wish to protect themselves when employees leave for new positions — taking with them valuable knowledge that competitors would love…

Another Anti-Competition, Anti-Privacy Action Coming Soon, This Time in Mississippi

Mississippi Attorney General Jim Hood told CNBC on Monday, March 18, that he is developing his antitrust case against Google similar to the one brought…

With Today’s Penalty, EU’s Fines Against Google Total $9.4 Billion for Anti-Competitive Conduct

The European Commission has fined Google $1.69 billion for breaching EU antitrust rules. “Google has abused its market dominance by imposing a number of restrictive…

Internet of Things: When Does Antitrust Play a Role in Privacy and National Security?

Bipartisan legislation to improve the cybersecurity of Internet-connected devices was introduced March 11 in both the Senate and the House of Representatives. The legislation —…

Legislators Call Out Antitrust Conduct in the Drug Industry, Call Regulators’ Remedies Ineffective

The drug industry has developed a temporary cure for partisan wrangling on Capitol Hill: the high cost of health care and prescription drugs. Democrats and…

Citing the Need for Antitrust Reform and Enforcement, Sen. Warren Touts Two-Point Plan to Separate Tech ‘Platforms’ from ‘Participants’

“Today’s big tech companies have too much power — too much power over our economy, our society, and our democracy. They’ve bulldozed competition, used our private information…

Facebook’s Messenger Integration Plan Greeted With Anti-Competition, Anti-Privacy Criticism

In a move that could redefine how 2.6 billion people use Facebook Messenger and Facebook’s acquired WhatsApp and Instagram apps, The New York Times reported…

New FTC Task Force to Monitor Anticompetitive Conduct in Tech Sector

The Federal Trade Commission’s Bureau of Competition has set its sights on the U.S. technology sector. On Feb. 28 it launched a task force that…

Representations and Warranties and Other Contractual Provisions That Work as Defense and Offense in Deal Disputes

By Jennifer M. Oliver, Counsel, MoginRubin Half of all merger and acquisition deals are subjected to post-closing price adjustment claims. Traditionally, these disputes were resolved…

Notorious RBEs: Flouting M&A ‘Reasonable Best Efforts’ Provisions Can Cost Companies Billions  

Trial started this week in Delaware Chancery Court in a colossal dispute that followed the thunderous collapse of what would have been a $48.9 billion…

Failure to Divulge Potential Privacy Violation Cited in Attack on 3.2B Acquisition

  “Let’s face it: getting out the door can be hectic sometimes.” That’s one of the problems Google Assistant is supposed to address. But when…

Presidential Candidate Klobuchar Takes Aim at Antitrust, Promotes Competition

Subjects like immigration, health care, criminal justice reform, taxes, international trade, and Russia dominate political news coverage. But one new Democratic candidate determined to challenge…

Global Antitrust Regulators Thwarted Fewer Deals in 2018 vs 2017, But Fines Increased

Antitrust concerns by regulators led to the demise of 29 mergers around the globe in 2018, which was a record year for the number of…

GAO: U.S. Needs Internet Personal Data Privacy Protections for Consumers

The U.S. Government Accountability Office has called on Congress to develop “comprehensive legislation on Internet privacy that would enhance consumer protections and provide flexibility to…