The U.S. Department of Justice (DOJ) is seeking to curb the use of so-called “most favored nation”  (MFN) agreements — a common business practice that the DOJ believes can sometimes result in anticompetitive effects when entered into by a dominant firm.  In October of last year, the DOJ commenced an action against Blue Cross Blue…

In August 2010, the U.S. antitrust agencies released the final version of their revised Horizontal Merger Guidelines, which they use to analyze the competitive implications of mergers between competitors. Whereas the prior (1992) version of the Guidelines had sought to provide a precise, step by step framework for analyzing horizontal mergers — centered around defining…

One of the inevitable facts of life in the U.S. after a government antitrust investigation becomes public – especially if it is a cartel investigation with an amnesty applicant or guilty pleas – is customer class actions. U.S. class action plaintiffs’ lawyers frequently bring “follow-on” cases on behalf of purchasers of the affected products within days (or at least weeks) of public disclosure of a cartel or other antitrust investigation.

Recent U.S. federal judicial decisions, however, have now placed significant hurdles in front of consumer antitrust plaintiffs in the form of stricter requirements for joining plaintiffs from multiple states together into a single class.

Welcome to our blog! I thought I would start my postings on U.S. developments with a broader point about recent U.S. case law in the antitrust area. Many of the most important U.S. judicial decisions in antitrust have been driven by judicial concern with aspects of the U.S. litigation process that are perceived by some…