James Lowe is a partner in the Antitrust/Competition Practice at Sidley Austin LLP. Prior he was 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.
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This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Department of Justice to Merging Parties: Altering 4(c) Documents May Land You in Jail* A senior executive of a Korean manufacturer of Automated Teller (...)
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The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced the long-awaited changes to the Hart-Scott-Rodino premerger notification form (HSR form). The changes will go into effect 30 days from publication in the Federal Register. The FTC and DOJ (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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The Justice Department announced yesterday that the fashion brand licensor Iconix Brand Group has agreed to pay a $550,000 fine for failure to produce internal competitive materials, known as "4(c) documents," with its premerger clearance filing for its acquisition of the Rocawear clothing (...)
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The Supreme Court issued two unanimous opinions in antitrust cases. These are the second and third antitrust opinions of the Term; u.S. ---, 1-6 S.Ct. 860 (-006), involved the robinson-Patman act. in recent years the Court has taken one or at most two antitrust cases per Term, so this (...)
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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 (...)
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Background On September 17, 2003, the Second Circuit issued an important decision in U.S. v. Visa U.S.A., Inc., 2003 WL 22138519 (2d Cir. Sept. 17, 2003). The court affirmed a district court ruling invalidating Visa and Mastercard rules that prohibit member banks from issuing American (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
