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https://www.antitrustlawsource.com/

Antitrust Law Source is designed for visitors to quickly and easily learn about developments in the growing antitrust arena. Our primary format will be podcasts, but will also include e-books and articles from time to time. Podcasts will offer a variety of discussions and interviews with thought leaders across industries affected by antitrust regulations.

Recent Blog Posts

  • The antitrust revolution is coming? The antitrust revolution is here? By Jay L. Levine    Borrowing from the immortal words of Paul Revere, the title consciously evokes images of a battle, though fought with words and ideas and (hopefully) not muskets and bayonets. The proper objectives of the antitrust laws and the appropriate level of antitrust enforcement has been discussed in mainstream media more over the last decade than perhaps at any point in time. Indeed, in both 2016 and 2020, the Democratic Party platform included a section on antitrust. Many non-lawyers... More
  • Antitrust as antidote? Historical overview of antitrust law By Jay L. Levine and Carrie Garrison    An antitrust revolution is upon us. Numerous pundits and political leaders blame many of today’s societal and economic ills on what they claim is the increasing concentration of economic power in the hands of a few. Perceived lax antitrust enforcement and permissive antitrust laws, many claim, is the cause of that. Indeed, President Joe Biden has placed antitrust enforcement at the forefront of his administration and aims to use antitrust enforcement to remedy social... More
  • Supreme Court clips FTC’s wings By Jay L. Levine    In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties or other monetary relief, such as disgorgement.  Read on for why this should matter to you. Federal Trade Commission First, a bit of background.... More
  • Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business By Jay L. Levine    Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made under the Buy American Act (BAA). Less than a week later, President Joe Biden signed Executive Order 14005, titled “Ensuring the Future Is Made in All of... More
  • Strict liability applies to “deceptive conduct” under the catch-all provision of the Pennsylvania CPL By Kathy Gallagher, Jeremy Mercer and Carrie Garrison    A divided Pennsylvania Supreme Court affirmed the Superior Court and held that the 1996 amended catch-all provision of the Pennsylvania Trade Practices and Consumer Protection Law (CPL) imposes strict liability. Writing for the 4-3 majority, Justice David Wecht, based upon a professed review of the plain language of the statute, concluded the General Assembly’s addition of “or deceptive conduct” to the catch-all provision of the CPL dictated a lesser, more relaxed standard. Thus, the majority... More
  • FTC revises HSR and interlocking directorate thresholds By Jay L. Levine    On Feb. 5, 2021 the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), as well as certain other values under the HSR rules. These new thresholds will become effective March 4, 2021. As background, the HSR Act requires that acquisitions of voting securities or assets that exceed certain thresholds be disclosed to U.S. antitrust authorities for review before they can be completed. The “size-of-transaction threshold”... More
  • Competitive Health Insurance Reform Act repeals McCarran-Ferguson exemption for health insurers By Jason Dubner    For nearly 75 years, the McCarran-Ferguson Act established a broad – although not unlimited – exemption from the application of federal law to “the business of insurance,” finding “the continued regulation and taxation by the several states [of that business] in the public interest.” As a result, McCarran-Ferguson exempted insurers from federal antitrust liability where their activity in question (1) was part of the “business of insurance,” (2) was regulated by state law and (3) did not constitute... More
  • Paycheck Protection Program loan necessity questionnaire By Jay L. Levine    Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers. My colleagues Jack Beeler, Cat Rice and Jack Meadows explain the purpose and questions asked in these questionnaires in this law alert. ... More
  • The outlook for startups and emerging businesses By Jay L. Levine    This year has been a year like no other.  In this episode, Jay talks to fellow partner Brett Thornton, chair of Porter Wright’s Energy, Biotech and Emerging Business practice group, about how deal work for emerging businesses has been affected by the pandemic, the elections and the possibility of changing antitrust rules. Read a transcription of this episode here. ... More
  • COVID-19’s impact on the health care industry By Jay L. Levine    COVID-19 has had an impact on virtually every industry in the country, but none more so than on health care. In this episode, Jay talks with John Carney, chair of Porter Wright’s Health Care Practice and former Ohio state representative, about the changes that COVID-19 has wrought on health care and on some changes the industry is likely to experience in the future. ... More