MoginRubin LLP

One Current and One Former FTC Official Weigh in on Outlook for Antitrust Litigation (Excerpt from MoginRubin Blog)

FTC Commissioner Noah Phillips and George Washington Law School Competition Law Director William E. Kovacic, who once chaired the agency, appeared on a webinar today (March 16, 2021) hosted by the Information Technology and Innovation Foundation (ITIF). Aurelien Portuese, ITIF’s Director of Antitrust and Innovation Policy, asked the speakers what we might expect from the Biden administration in terms of antitrust law, reform, and enforcement.

“I think that the aggressiveness that’s going on in court right now will increase,” Phillips said. “I think you’ll see more litigation. What effects that will have I’m not sure. That can result in more antitrust, if you will, but it can also result in losses and legal rulings that don’t favor the agencies. But I do think you’ll see more litigation.” He went on to predict “an increasing attempt to slow M&A generally.”

“On litigation,” former FTC Chair Kovacic said, “the new leadership in many ways is committed to doing much more and, in an exaggerated way, they have denigrated the significance of what’s already on the way. They’re going to discover in a hurry how hard it is to bring the matters that are in flight already to a successful landing.”

Read more at the MoginRubin Blog.

The Intersection of Privacy and Antitrust Webinar Now Available On-Demand on the West LegalEdcenter

Available as part of your subscription to The Thomson Reuters West LegalEdcenter®. Don't subscribe to the West LegalEdcenter? This webinar is still available directly from HB. Take it now! Questions for speakers Questions@LitigationConferences.com CLE questions CLE@LitigationConferences.com Check out the MoginRubin blog for more insights on antitrust and privacy law. What attorneys and companies need to know about the increasing interplay between these critical areas of the law.  Highly publicized cases and investigations in the U.S. and Europe of big technology, e-commerce, and social media companies demonstrate how anti-competition laws are being used to scrutinize and challenge not only how these corporations conduct themselves in the marketplace, but the very core of their colossal success: the mass collection and utilization of user data. Are the privacy and antitrust worlds beginning to cross over? Or do they simply run parallel while addressing entirely different types of conduct? Whatever the answer, data is the raw material that drives the likes of Google, Facebook, Apple and Amazon, so how it is handled is a critical question when counseling clients on mergers and acquisitions. Moderator Daniel J.  Mogin | Managing Partner, MoginRubin LLP Speakers Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP Thomas N. Dahdouh | Director, Western Region, Federal Trade Commission Franklin M. Rubinstein | Partner, Wilson Sonsini Goodrich & Rosati Randi W. Singer, CIPP/US, CIPT | Partner, Weil, Gotshal & Manges Contributor Dina Srinivasan | Independent Researcher & Author of The Antitrust Case Against Facebook Dina was unable to present but we thank her for her content contributions.  Agenda Who should regulate privacy violations in the U.S.? Which antitrust issues implicate privacy concerns? What role does machine learning play on the competitive landscape? What is big data really? How is it different from “data”? What are the elements of effective merger reviews? What are the appropriate remedies? What are “notice-and-choice” versus “harms-based” approaches? Plus answers to your questions. Send them to Questions@LitigationConferences.com.

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