Welcome to the Sidley Antitrust Bulletin — thoughts on topics that are top of mind for Sidley’s Antitrust team and why they matter to you. A ruling from the U.S. Supreme Court clarified that challenges related to the constitutionality of the Federal Trade Commission (FTC) can be brought before federal courts even before administrative processes deciding the merits of the case have been completed. Recent comments by Assistant Attorney General (AAG) Jonathan Kanter highlighted the renewed determination by the U.S. Department of Justice (DOJ) to enforce Clayton Act prohibitions on interlocking directorates. Across the Atlantic, a significant ruling by the Court of Justice of the European Union (CJEU) confirmed that competition authorities are able to assess below-threshold concentrations under general rules regarding abuses of dominant positions. The European Commission also announced a policy initiative related to its abuse of dominance rules. In litigation related to alleged exclusionary conduct, the U.S. District Court for the Northern District of California sanctioned Google for not taking reasonable steps to preserve its internal communications related to ongoing litigation. Interested? Keep reading....
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