Blog o’ Blogs March

March arrives, bringing with it a slew of high-profile and high-impact trends and cases that could herald major changes in the enforcement, analysis and understanding of antitrust across several jurisdictions. DOJ decisions signal new approaches and a re-thinking of their strategies while EU regulators continue to push against global companies in Big Tech and Big Pharma, joining others in changing some long-standing preconceptions of antitrust enforcement…

The End Is Near For the Per Se Rule in Criminal Antitrust Prosecutions 
I have been very interested in constitutional challenges to the per se rule in criminal Section 1 Sherman Act prosecutions.  I have reluctantly come to the conclusion that the per se rule is unconstitutional…
Robert Connolly (Cartel Capers)

More Affordable and Innovative Medicines and Treatments in Europe – Has the Competition Enforcement Met the 2009 Objective?
A decade ago, the European Commission conducted a thorough sectoral inquiry into the European pharmaceutical sector that identified antitrust shortcomings impeding access to more affordable and innovative medicines and treatments…
Marie-Laure Combet & Lena Boucon (Orrick)

DOJ Distinguishes ‘No-Poach’ Agreements
The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements…
Nicole Castle & Matt Evola (Antitrust Alert)



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