Year‑End Summary Of Key U.S. Antitrust Developments

Whether measured by the number of cases brought, the theories of liability pursued, or the relief sought, 2022 witnessed the most aggressive federal antitrust enforcement since the 1970s.  While the agencies have prevailed in a few cases, overall their reach has exceeded their grasp. Meanwhile federal courts continue to grapple with the standards governing private antitrust class actions. Some of the highlights—
AGENCY DEVELOPMENTS

Assistant Attorney General Jonathan Cantor, head of the DOJ Antitrust Division, […]

By | December 27th, 2022 ||

Antitrust 101: Tacit Collusion

Whether tacit collusion—where firms effectively behave as though they are colluding without any direct communication expressing agreement—should give rise to an antitrust violation has long been a contested issue in the United States, with legal opinions varying and evolving over time. Under current U.S. law, tacit collusion does not give rise to an antitrust violation without additional conduct evidencing an agreement between competitors. Indeed, the Supreme Court has defined “tacit collusion, sometimes called oligopolistic […]

By | December 12th, 2022 ||

Exporting U.S. Antitrust Law: Are We Really Ready For NOPEC?

The No Oil Producing and Exporting Cartels Act, or NOPEC, would authorize the Antitrust Division of the DOJ to sue the 14 OPEC states in U.S. district court for price fixing.

The year is 1979. Inflation and lines at the gas pumps caused by a revolution in Iran have stunned Americans. Driven to action, the International Association of Machinists (IAM) files suit in the Central District of California against OPEC and its 14 member countries […]

By | December 6th, 2022 ||