Sidley Austin (Washington)

James W. Lowe

Sidley Austin (Washington)
Lawyer (Partner)

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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Sidley Austin (London)
Sidley Austin (Washington)
Sidley Austin (Brussels)
Sidley Austin (London)
Sidley Austin (Brussels)

Articles

5278 Bulletin

James W. Lowe, Jeffrey Ayer, Kenneth Merber, Leon B. 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)

310

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 B. 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)

811

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

313

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 B. Greenfield The US Court of Appeals for the District of Columbia Circuitoverturns a district court’s denial of FTC’s request for a preliminary injunction against an acquisition in the organic food sector (Whole Foods / Wild Oats)

621

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 (...)

James W. Lowe, Leon B. Greenfield The US DOJ fines fashion brand licensor $550,000 for failure to produce internal competitive materials with its pre-merger clearance filing (Iconix)

298

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 (...)

Daniel Matheson, James W. Lowe, Leon B. 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)

606

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 J. Kolasky The US Court of Appeals for the Second District invalidates two cards companies rules that prohibit member banks (Visa / MasterCard)

301

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 (...)

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

312

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 B. 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)

87

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 B. Greenfield The US Court of Appeals for the Second Circuit rejects attempt by plaintiff to challenge the Sherman Act conduct in a case involving alleged conspiracy among US options exchanges (Stock Exchanges Options Trading)

289

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 B. Greenfield The US Court of Appeals for the Second Circuit issues a decision that limits the application of antitrust laws in securities (Friedman / Salomon Smith Barney)

307

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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