James W. Lowe

WilmerHale (Washington)
Lawyer (Partner)

James Lowe is a partner in the WilmerHale Washington DC Office Regulatory and Government Affairs Department and a member of the Antitrust and Competition and Aviation Practice Groups. He joined the firm in 1994 after four years at the Antitrust Division of the US Department of Justice. He holds a BA, summa cum laude from Yale University and a JD, magna cum laude from Harvard Law School.

Distinctions

Linked authors

WilmerHale (Washington)
Kirkland & Ellis (Washington)
WilmerHale (Washington)
WilmerHale (Beijing)
WilmerHale (Washington)
Hughes Hubbard & Reed (Washington)
Stanford University
WilmerHale (Brussels)

Articles

4226 Bulletin

James W. Lowe, Jeffrey Ayer, Kenneth Merber, Leon Greenfield The US FTC imposes a civil penalty on a toy retailer for violating a 13-year-old antitrust order governing its dealings with suppliers (Toys “R” Us)

279

The Federal Trade Commission (FTC) imposed on Toys "R" Us a $1.3 million civil penalty for violating a 13-year-old antitrust order. This fine highlights that FTC orders can stay in force for 20 years—and potentially indefinitely if they are obtained in district court —and that the FTC actively (...)

James W. Lowe, Jeffrey Ayer, Leon Greenfield, Lester Ross The Chinese MOFCOM prohibits for the first time since the entry into effect of the new anti-monopoly law, a merger between a US soft drinks manufacturer and a Chinese juice producer (Coca-Cola / Huiyuan)

581

On March 18, 2009, China’s Ministry of Commerce (MOFCOM) announced that it had blocked Coca-Cola’s proposed acquisition of Chinese Huiyuan Juice Group Ltd. (Huiyuan) under Article 28 of China’s Anti-Monopoly Law (AML). This was MOFCOM’s first merger prohibition since the AML came into effect on (...)

James W. Lowe, Jeffrey Ayer The US FTC increases thresholds and penalties pertaining to the Hart-Scott-Rodino pre-merger notification regime and thresholds for Section 8 of the Clayton Act

283

The Federal Trade Commission (FTC) has increased thresholds and penalties pertaining to the Hart-Scott-Rodino (HSR) pre-merger notification regime. The Commission also increased the thresholds for Section 8 of the Clayton Act. Penalties for HSR Violations The maximum penalty for violations of (...)

James W. Lowe, Jeffrey Ayer, Leon Greenfield A US Court of Appeals overturns the district court’s denial of FTC’s request for a preliminary injunction against an acquisition in the organic food sector (Whole Foods/Wild Oats)

510

The Federal Trade Commission (FTC) won a major victory last week when a splintered D.C. Circuit overturned the district court’s denial of its request for a preliminary injunction against the acquisition of Wild Oats by Whole Foods. The decision provides the FTC a much-needed win in a prominent (...)

Daniel Matheson, James W. Lowe, Leon Greenfield The US Supreme Court overturns a Court of Appeals decision clarifying that pricing decisions of a fully integrated joint venture that eliminates competition between the partners is not subject to Section 1 of the Sherman Act (Dagher / Texaco)

511

The Supreme Court issued two unanimous opinions in antitrust cases. These are the second and third antitrust opinions of the Term; in recent years the Court has taken one or at most two antitrust cases per Term, so this reflects a greater than usual level of antitrust activity at the (...)

Douglas Melamed, James W. Lowe, Thomas Mueller, William Kolasky A US Court of Appeals invalidates rules of two cards network service providers that prohibit member banks from issuing competitors’ cards (Visa USA, MasterCard, American Express, Discover)

218

Background Visa and Mastercard are network services providers that are owned and supported by thousands of member banks, which act as both issuers [1] and acquirers [2] of Visa and Mastercard charge cards. (Network services (...)

Douglas Melamed, James W. Lowe, Leon Greenfield, Thomas Mueller A US Court of Appeals rules that marginal cost rather than average variable cost ("AVC") may be an appropriate cost measure in predatory pricing cases (AMR)

244

The Decision in AMR Between 1995 and 1997, several low cost carriers entered certain airline routes between Dallas/Fort Worth Airport and other cities that American Airlines serves and undercut American’s fares. American responded to the new competition by lowering prices and increasing (...)

Ali Stoeppelwerth, Douglas Melamed, James W. Lowe, Leon Greenfield, Robert B. Bell, Thomas Mueller, Veronica Kayne The US DOJ demands conduct remedies in the form of establishing firewalls and publishing non-discriminatory criteria before clearing the vertical merger between a satellite producer and a payload supplier (Northrop Grumman/TRW)

30

On December 11, 2002, the Department of Justice (DOJ) filed a proposed consent decree, permitting Northrop Grumman to proceed with its $7.8 billion acquisition of TRW. Northrop Grumman/TRW shows that the DOJ and the Department of Defense (DOD), which plays a leading role in reviewing (...)

Ali Stoeppelwerth, James W. Lowe, Leon Greenfield The US Court of Appeals for the 2nd circuit rejects attempt by plaintiff to challenge under s. 1 of the Sherman Act conduct already subject to scrutiny by the SEC in a case involving alleged conspiracy among U.S. options exchanges (Stock Exchanges Options Trading)

231

The Second Circuit recently rejected two attempts by plaintiffs to challenge, under Section 1 of the Sherman Act, conduct already subject to scrutiny by the Securities and Exchange Commission. Both decisions hold that conduct is impliedly immune from the antitrust laws if Congress has given the (...)

Ali Stoeppelwerth, James W. Lowe, Leon Greenfield The US Court of Appeals for the 2nd Circuit issues decision limiting application of antitrust laws in securities (Friedman / Salomon Smith Barney)

248

The Second Circuit recently rejected two attempts by plaintiffs to challenge, under Section 1 of the Sherman Act, conduct already subject to scrutiny by the Securities and Exchange Commission. Both decisions hold that conduct is impliedly immune from the antitrust laws if Congress has given the (...)

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