Mr Benjamin F Holt

Benjamin F Holt

Updates

Competition & Antitrust

Antitrust spotlight on HR professionals – call to review compliance programme
USA | 10 November 2016

The US Antitrust Division of the Department of Justice and the Federal Trade Commission recently issued guidance for human resources (HR) professionals on steps to avoid antitrust violations. The guidelines – which cover 'no-poaching' agreements, agreements to fix wages or other terms of employment and the exchange of HR information – reveal the agencies' determination to scrutinise the employment arena and their intention to use, if necessary, their most powerful enforcement tools.

Department of Justice continues aggressive scrutiny of mergers
USA | 31 January 2013

The Department of Justice has filed a lawsuit against Bazaarvoice Inc's acquisition of PowerReviews Inc, despite the transaction's relatively small size and the fact that the parties completed it over six months ago. The suit underscores the federal agencies' increased scrutiny of completed mergers and acquisitions in recent years, as well as the significance of so-called 'hot' documents to investigations.

District courts grapple with application of the Sherman Act to joint venture conduct
USA | 17 January 2013

A recent line of cases suggest that the cooperative selling of jointly owned intellectual property through a lawful joint venture may enjoy certain antitrust protections, whereas the cooperative selling of singularly owned property through the same joint venture may be open to challenge under Section 1 of the Sherman Act. Companies should monitor such cases closely to assess potential antitrust risks that may arise.

California Supreme Court bars pass-on defence for state law antitrust claims
USA | 05 August 2010

The California Supreme Court recently held that California law bars antitrust defendants from invoking a pass-on defence in most circumstances, even though both direct and indirect purchasers may sue for treble damages. The decision raises significant questions about the scope of liability under California antitrust laws and presents a risk of duplicative recovery.

Considerations for Companies Exchanging Information in an M&A Context
USA | 19 February 2009

A federal district court in Chicago has granted summary judgment to the defendants in a lawsuit involving information exchanged between competitors engaged in merger discussions and due diligence. The decision highlights important antitrust law considerations for companies involved in mergers and acquisitions.