Jones Day (Washington)

Craig A. Waldman

Jones Day (Washington)
Partner

Craig Waldman, who co-chairs Jones Day’s global Antitrust & Competition Law Practice, and also chairs the Firm’s Tech Practice, 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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Articles

5882 Bulletin

Alexandre G. Verheyden, Geoffroy Van De Walle, Bernard Amory, Ryan C. Thomas, Craig A. Waldman, Yizhe Zhang The EU Commission proposes a chip act to confront semiconductor shortages and strengthen Europe’s technological leadership

254

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 Chips (...)

Bernard Amory, Dr. Jürgen Beninca, Laurent de Muyter, Geoffroy Van De Walle, Alexandre G. Verheyden, Craig A. Waldman The EU Court of Justice annuls a Commission’s landmark decision fining a semiconductor company €1.06 billion for abuse of dominant position (Intel)

268

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 that (...)

Michael A. Gleason, Lin W. Kahn, Bruce McDonald, Jeremy P. Morrison, Craig A. Waldman The US FTC resurrects the unilateral pre-approval in merger investigation settlements to halt future anticompetitive mergers

135

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 transactions (...)

Jonathan M. Linas, Donald Mcgahn, Michael A. Gleason, Craig A. Waldman, David M. Morrell, Lisa M. Ledbetter The US President Joe Biden signs an executive order on promoting competition in the American economy

498

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. (...)

Michael A. Gleason, Lin W. Kahn, Bruce McDonald, Craig A. Waldman The US FTC holds its first Commission meeting since the appointment of a new Chair and signals aggressive antitrust policy as part of government pro-enforcement agenda

461

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 (...)

Louis K. Fisher, Tiffany D. Lipscomb-Jackson, Craig A. Waldman, Chris R.J. Pace, Marc A. Weinroth, Matthew A. Kairis The US Supreme Court prohibits an association from restraining student-athlete education-related benefits while recognizing the association still retains considerable flexibility to regulate such benefits (NCAA / Alston)

599

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 decide (...)

Laurent de Muyter, Carsten Gromotke, Dr. Jürgen Beninca, Michael A. Gleason, Hiromitsu Miyakawa, Prudence Smith, Craig A. Waldman, Philipp Werner, Johannes Zöttl The German Parliament adopts competition rules for tech platforms

97

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 ARC (...)

Laurent de Muyter, Bernard Amory, Alexandre G. Verheyden, Yvan N. Desmedt, Eric Barbier de la Serre, Craig A. Waldman, Jörg Hladjk, Undine Von Diemar, Matt Evans The EU Commission unveils sweeping proposals to regulate the digital sector

116

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 (...)

Julia E. McEvoy, David Kiernan, Bruce McDonald, Craig A. Waldman, Margaret A. Ward, Marc Siegel The US DoJ brings criminal charges for wage-fixing on therapist staffing companies (Neeraj Jindal)

94

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 (...)

Craig A. Waldman, Bruce McDonald, Kate Wallace, Thomas Forr The US Supreme Court rejects an attempt to block consumer claims against a Big Tech company under the indirect-purchaser rule (Apple / Pepper)

842

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. In a (...)

Craig A. Waldman, David P. Wales, Geoffrey D. Oliver The US FTC announces an unusual proposed consent agreement to resolve unprecedented allegations on enforcement of standards-essential patents (Bosch / SPX)

554

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, it (...)

Craig A. Waldman, Margaret A. Ward, Philip A. Proger The US DoJ requires divestiture of the entire US business before approving a merger in the market for point-of-sale terminals in retail stores (VeriFone / Hypercom)

294

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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