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Aug 8, 2024 · Military Contractors Indicted for $7 Million Procurement Fraud Scheme (June 23, 2022) Military Contractor Indicted for $15 Million Bid-Rigging Scheme and Conspiracy to Defraud the United States (May 20, 2022)
Over approximately the last three decades, the number of suppliers in major weapons system categories has declined substantially: tactical missile suppliers have declined from 13 to 3, fixed-wing...
The Justice Department’s Antitrust Division and the Federal Trade Commission participated in the G7 Competition Authorities and Policymakers Summit yesterday and today to discuss how enforcers and policymakers can ensure healthy competition in AI-related technologies, products and applications.
- Letter from The Editors
- Additional Agency Updates
- Policy—Doj
- Policy—Ftc Budget
- DOJ Speeches & Reports
- FTC Meetings & Workshops
Increased Focus on Algorithmic Pricing and Potential for AI Coordination
Antitrust enforcement has been criticized in the past for failing to keep up with technological advancements.1 One new technological quandary is the use of algorithmic pricing, allowing companies to increasingly price dynamically in near real time in response to competitor price movements, customer demands and other market conditions. The US Department of Justice, Antitrust Division (DOJ) and other observers have raised concerns about the potential impact of this practice—and artificial intel...
Continued Focus on the Pharmaceutical Supply Chain
During the week of June 13th, the DOJ and Federal Trade Commission (FTC) hosted two events highlighting their focus on the pharmaceutical industry, particularly the role of pharmaceutical benefit managers (PBMs) and the impact of rebating practices in the industry. On June 14th and 15th, the DOJ and FTC hosted a workshop to “showcase new learning about competition in the pharmaceutical industry” and assess “whether current enforcement approaches accurately reflect marketplace conditions.” On...
FTC & DOJ Appointments
1. Alvaro Bedoya was sworn in as FTC Commissioner on May 16. Bedoya was confirmed by Congress on May 11, 2022. 2. On April 25, 2022, Anisha Gasgupta joined the FTC as General Counsel and Elizabeth Wilkins joined the FTC as Director of the Office of Policy Planning. 2.1. Read the Press Release 3. Michael Kades and Andrew Forman joined DOJ’s Antitrust Division as Deputy Assistant Attorney Generals in early May 2022. 3.1. Current Leadership
FTC Cases and Proceedings
1. By a 4-0 vote, the FTC approved a final order to settle a May 2017 case against Louisiana Real Estate Appraiser Board. On April 5, 2022, the FTC finalized an order holding that “the Board cannot adopt a fee schedule for appraisal services or take any other actions that have the effect of raising, stabilizing, or fixing compensation levels for appraisal service.” 1.1. Read the Press Release 2. By a 4-0 vote, the FTC approved a consent agreement with Hikma Pharmaceutical and Custopharm. On A...
DOJ Cases and Proceedings
1. DOJ filed an opposition brief at the Supreme Court in canned tuna pricing-fixing litigation. DOJ defended its position that application of the per se rule in criminal cases comports with the constitutional requirement that the government prove every element of a crime beyond a reasonable doubt. 1.1. Brief for the United States in Opposition, Lischewski v. United States, Supreme Court (No. 21-852) (March 2022). 2. Former Caltrans Contract Manager pled guilty to participation in a conspiracy...
AAG Kanter announces changes to key enforcement areas. Speaking at the joint Enforcers Summit on April 4, 2022, AAG Kanter announced changes to key areas of the Antitrust Division’s enforcement pol...DOJ updated its Leniency Policy. On April 4, 2022, DOJ’s Antitrust Division announced updates to its Leniency Policy and issued a revised set of frequently asked questions (FAQs). The Antitrust Div...Commissioners Noah Joshua Phillips and Christine S. Wilson publish comments questioning the FTC’s 2022 Budget Request. On March 28, 2022, the Commissioners argued that the “the enforcement producti...
AAG Kanter delivered “Antitrust Enforcement: The Road to Recovery.” In his keynote speech at University of Chicago on April 12, 2022, AAG Kanter reiterated his view on the limits of the consumer we...
The FTC and DOJ hosted a two-day workshop on Antitrust Enforcement in the Pharmaceutical Industry on June 14 and 15, 2022. Intended as a capstone to the Multilateral Pharmaceutical Merger Task Forc...The FTC held an Open Commission Meeting on June 16, 2022. The FTC issued a enforcement policy statement on rebates and fees offered by pharmaceutical manufacturers to pharmacy benefit managers for...Mar 21, 2022 · For decades the FTC's Premerger Notification Office (PNO) has provided regular informal guidance to the antitrust bar on interpreting and applying the merger notification rules set forth in the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and implementing regulations.
January 25, 2023. We are proud to share the 2022 Antitrust Year in Review, which discusses significant developments in antitrust law, policy, and enforcement over the past year. First, the report spotlights recent outcomes in court for U.S. agency enforcement litigation and discusses major changes in the law that create substantial new ...
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Oct 4, 2022 · Commissioner Phillips spoke at the American Bar Association Antitrust In-House Section on September 20, 2022. Commissioner Phillips discussed the differing ideologies of antitrust enforcement at the FTC, particularly in merger enforcement.
