North America: Antitrust/Competition Law

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Competition Law and Antitrust Law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics that involve competition and antitrust law from specialists working in this area every day.
Article
Second Circuit Affirms Preliminary Injunction Against Nielsen In Constructive Tying Case
The U.S. Court of Appeals for the 2nd Circuit has affirmed a preliminary injunction against Nielsen in a landmark constructive tying case, establishing that pricing differentials alone can constitute illegal tying under the Sherman Act when they leave buyers with no economically rational alternative. This ruling carries significant implications for data, analytics, and subscription-based businesses that employ bundled pricing strategies, as it confirms that antitrust liability can arise from pricing structu
United States Anti-trust
CM
Crowell & Moring LLP
Article
Below The Threshold, Not Above The Law: FTC Cracks Down On HSR Avoidance
The FTC secured a record $12 million penalty against Edwards Lifesciences and Genesis MedTech for allegedly structuring a medical device acquisition to avoid mandatory Hart-Scott-Rodino premerger antitrust review. This landmark settlement, combined with recent enforcement statements from FTC and DOJ leadership, signals heightened scrutiny of deal structures that may circumvent reporting requirements, particularly in concentrated industries like medical devices and technology.
United States Anti-trust
SJ
Steptoe LLP
Article
Canada’s Amended Merger Review Process: Key Takeaways After Two Years
Canada's Competition Bureau has significantly altered its merger review approach since 2022 amendments to the Competition Act, with more transactions classified as complex and longer review timelines. The Bureau is also issuing fewer Advance Ruling Certificates while parties increasingly employ "pull and refile" strategies to avoid Supplementary Information Requests, raising important questions about the practical implications of the new remedial standard.
Canada Anti-trust
DW
Davies Ward Phillips & Vineberg
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Dominance
CL
Competition Litigation
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Cartels
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Merger Control

Trade Regulation & Practices

Article
FCC Launches First National Security Drone Revocation Proceeding, Separately Targets Test Lab
The Federal Communications Commission has initiated unprecedented enforcement actions targeting false U.S. production claims and fraudulent test reports in equipment authorization processes. A drone manufacturer faces potential revocation of its authorizations after allegedly misrepresenting its products as domestically manufactured, while a Chinese test lab may lose FCC recognition for submitting duplicated test data across dozens of unrelated products.
United States Government
HL
Hogan Lovells Cadwalader
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Antitrust, EU Competition

Article
Second Circuit Affirms Preliminary Injunction Against Nielsen In Constructive Tying Case
The U.S. Court of Appeals for the 2nd Circuit has affirmed a preliminary injunction against Nielsen in a landmark constructive tying case, establishing that pricing differentials alone can constitute illegal tying under the Sherman Act when they leave buyers with no economically rational alternative. This ruling carries significant implications for data, analytics, and subscription-based businesses that employ bundled pricing strategies, as it confirms that antitrust liability can arise from pricing structu
United States Anti-trust
CM
Crowell & Moring LLP
Article
Below The Threshold, Not Above The Law: FTC Cracks Down On HSR Avoidance
The FTC secured a record $12 million penalty against Edwards Lifesciences and Genesis MedTech for allegedly structuring a medical device acquisition to avoid mandatory Hart-Scott-Rodino premerger antitrust review. This landmark settlement, combined with recent enforcement statements from FTC and DOJ leadership, signals heightened scrutiny of deal structures that may circumvent reporting requirements, particularly in concentrated industries like medical devices and technology.
United States Anti-trust
SJ
Steptoe LLP
Article
Canada’s Amended Merger Review Process: Key Takeaways After Two Years
Canada's Competition Bureau has significantly altered its merger review approach since 2022 amendments to the Competition Act, with more transactions classified as complex and longer review timelines. The Bureau is also issuing fewer Advance Ruling Certificates while parties increasingly employ "pull and refile" strategies to avoid Supplementary Information Requests, raising important questions about the practical implications of the new remedial standard.
Canada Anti-trust
DW
Davies Ward Phillips & Vineberg
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Cartels, Monopolies

Article
Florida Attorney General Investigates Credit Score Company For Antitrust Violations
Florida's Attorney General has issued a Civil Investigative Demand to a major credit score issuer, investigating potential violations of the Florida Antitrust Act. The probe examines allegations of monopolistic practices including predatory pricing, illegal product bundling, and exclusionary contracts with credit bureaus that may have driven score prices from under $1 to as high as $10.
United States Anti-trust
GP
Goodwin Procter LLP
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