On June 25, 2018, the Supreme Court upheld a Second Circuit opinion that American Express did not violate antitrust law by prohibiting merchants from encouraging customers to use non-American Express credit cards.
Continue Reading Supreme Court Upholds AmEx Policy Prohibiting Merchants from Steering Customers to Use Other Cards

Liberty Interactive Corporation, owner of the QVC network, has announced plans to acquire HSN in a 2.1 billion dollar deal. Liberty Interactive currently owns 38.2 percent of HSN, and hopes to acquire the remaining 61.8 percent in an all-stock transaction.
Continue Reading What Once Was Old Is New Again: QVC and HSN Announce Merger Plans 25 Years After Last Attempt

On April 19, 2017, the Federal Trade Commission issued warnings to more than 90 brands and “influencers” that their social media posts should more clearly and conspicuously disclose brand connections. The warning letters follow petitions filed by consumer advocacy groups aimed at influencer advertising on Instagram.
Continue Reading FTC: Social Media Influencers and Brands Must Disclose Ties

On April 3, 2017, the Antitrust Division of the U.S. Department of Justice announced that it completed its review of Danone S.A.’s acquisition of The WhiteWave Foods Company Inc. In order to allow the 12.5 billion dollar acquisition to proceed, the Antitrust Division is requiring Danone to divest the Stonyfield Farms business to an independent buyer approved by the U.S. government.
Continue Reading DOJ Completes Review of Danone/WhiteWave Merger, Requires Divestitures

On February 3, 2017, the FTC released a staff report, The FTC’s Merger Remedies 2006-2012: A Report of the Bureaus of Competition and Economics, providing guidance to businesses and their counsel in evaluating the scope of possible remedies.
Continue Reading FTC Issues Staff Study on the Effectiveness of Merger Remedies from 2006-2012