Kenneth Merber is Cousel in the Regulatory and Government Affairs Department, and a member of the Antitrust and Competition Practice Group at WilmerHale Washington DC Office. His practice focuses on antitrust law, including civil litigation, merger clearance, and criminal investigations. His clients include companies in the wireless communications, financial, semiconductor, logistics, and automotive industries. Mr. Merber has represented clients in criminal and civil investigations by the Department of Justice and Federal Trade Commission, as well as in litigation involving the intersection of antitrust and intellectual property rights. He has also assisted multiple companies with securing merger clearance. Mr. Merber has previously worked as a law clerk for the Honorable Arthur J. Gajarsa, US Court of Appeals for the Federal Circuit.
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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 actively (...)
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