Craig Waldman is a partner with Jones Day in their Washington, D.C. office, where he co-chairs the global Antitrust & Competition Law Practice, and also chairs the Firm’s Tech Practice. He has more than 20 years of experience representing companies in antitrust government investigations, private litigations, and by counseling them on how to manage antitrust risk in daily business activities. Craig’s work has included all areas of antitrust including mergers, agreements among competitors, vertical distribution issues, price discrimination, criminal antitrust matters, monopolization, and intellectual property licensing and trade regulation. He has worked across many industries, including IT hardware and software, networking, solar, health care, food, consumer products, credit cards, financial institutions, energy, medical devices, defense, sports, financial markets, life sciences, oil and gas, retail stores, satellites, telecommunications, tobacco, and transportation.
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The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) recently introduced proposed revisions to the existing merger guidelines. The new draft guidelines, if enacted in a form similar to the current draft, would represent a seismic shift in how the (...)
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The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) recently introduced proposed revisions to the existing merger guidelines. The new draft guidelines, if enacted in a form similar to the current draft, would represent a seismic shift in how the (...)
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In Short The Situation: On July 10, 2023, the European Commission ("EC") adopted the Implementing Regulation ("IR") and the corresponding notification forms (Form FS-CO and Form FS-PP), which specify the information and documents companies will need to disclose as part of notifications under (...)
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The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) have proposed to expand dramatically the scope and burden of preparing a merger filing in the United States. The proposed changes to the Hart-Scott-Rodino (“HSR”) Act rules and filing form would: (i) (...)
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In early January 2023, the Federal Trade Commission (“FTC”) proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight months, and possibly longer (if ever), given the likelihood of challenges (...)
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The Consolidated Appropriations Act, 2023 increases Hart-Scott-Rodino Act filing fees for large transactions, decreases filing fees for small transactions, and requires changes to the HSR Form. The Consolidated Appropriations Act, 2023 ("CAA"), the omnibus spending bill that Congress passed (...)
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A plea deal with a paving contractor follows the Department of Justice Antitrust Division’s ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization. A paving contractor pleaded guilty to attempted monopolization in (...)
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In Short The Background: The recent semiconductor shortage, COVID-related supply chain disruptions, and trade tensions have exposed the European Union’s ("EU") dependency on chips made in other continents. The Development: The European Commission ("EC") has proposed legislation—the EU (...)
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The EU General Court ("GC") annulled the European Commission’s €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty rebates to customers, excluding competitors such as AMD. The GC held (...)
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Saudi Antitrust Regulator Blocks First Acquisition Under New Merger Control Law Saudi Arabia competition authority blocks its first transaction under the Kingdom’s 2019 Competition Law. The Saudi Arabian General Authority for Competition ("GAC") announced this week that its board had (...)
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In Short The Development: The Federal Trade Commission ("FTC") revived a long-abandoned policy requiring that Commission orders settling FTC merger investigations include a "prior approval" clause that grants the FTC the unilateral authority to approve (or deny) certain future (...)
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In Short The Situation: President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation and increase competition across the U.S. (...)
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In Short The Situation: The Federal Trade Commission ("FTC"), which now has a 3-2 Democrat majority, held its first Commission meeting since President Biden appointed a new Chair, Lina M. Khan. The Commissioners voted on a number of measures that signal important changes from prior agency (...)
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The Court’s ruling that certain NCAA rules violate antitrust law opens the door for student-athletes to receive additional benefits. But it does not extend to compensation relating to athletic performance, conferences remain free to pass their own rules independently, and universities may (...)
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In Short The Development: The Bundestag, the German legislature, amended Germany’s antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple markets." The amendments, known as the GWB Digitization Act or (...)
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In Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...)
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The Department of Justice Antitrust Division ("DOJ") has indicted a Texas businessman for conspiring with competitors to fix employee wages in violation of the Sherman Act. This action challenges particularly blatant conduct, but is consistent with recent attention to antitrust in employment (...)
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Last week, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") issued draft Vertical Merger Guidelines. Vertical mergers combine two or more companies operating at different levels of a supply chain for a related product, e.g., windshields and cars. This is the first (...)
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. (...)
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The U.S. Department of Justice Antitrust Division ("DOJ”) announced that it is investigating director interlocks with a specific focus on "accounting for modern corporate structures." Interlocks have attracted relatively little attention in recent years, but that may soon change. Section 8 (...)
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The Trump Administration leadership at the U.S. Department of Justice and Federal Trade Commission have announced reforms regarding merger reviews. This Jones Day White Paper reviews these reforms and their strategic implications for merging parties. As described more fully below, there is (...)
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The U.S. Federal Trade Commission this week announced a highly unusual proposed consent agreement reached with Robert Bosch GmbH ("Bosch") that permits Bosch’s acquisition of SPX Service Solutions U.S. LLC ("SPX Service Solutions") from SPX Corporation ("SPX") to proceed. More significantly, (...)
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In any transaction involving the combination of two or more competitors, M&A lawyers should consider whether antitrust issues may impact the deal, and how they can be addressed in the merger agreement. Most of the transactions closely scrutinized by the U.S. antitrust authorities are (...)
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The U.S. Department of Justice has announced that, to allow Google’s proposed acquisition of ITA Software, DOJ and the parties have agreed to a set of requirements that will govern Google’s future operation of the ITA business. This action is notable as another challenge to a vertical merger (...)
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Last week, the United States federal antitrust agencies-the Department of Justice Antitrust Division and the Federal Trade Commission-released proposed revisions to the Horizontal Merger Guidelines. The Guidelines, which have been revised several times over the past 40 years, delineate how the (...)
