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Articles by Brian Hauser
U.S. DOJ signals criminal risk for AI-powered pricing tools
The U.S. Department of Justice (DOJ) has put companies on notice: certain algorithmic pricing activities might be prosecuted as criminal antitrust violations. With the law as applied to dynamic pricing continuing to evolve, the DOJ Antitrust Division has staked out a position that creates uncertainty around the use of AI tools.
U.S. DOJ signals criminal risk for AI-powered pricing tools
The U.S. Department of Justice (DOJ) has put companies on notice: certain algorithmic pricing activities might be prosecuted as criminal antitrust violations. With the law as applied to dynamic pricing continuing to evolve, the DOJ Antitrust Division has staked out a position that creates uncertainty around the use of AI tools.
California Trains Its Sights On Algorithmic Collusion
Noah Brumfield’s articles from A&O Shearman are most popular: with readers working within the Accounting & Consultancy industries A&O Shearman are most popular: within Law Department Performance, Insolvency/Bankruptcy/Re-Structuring and Criminal Law topic(s) As courts and lawmakers across the U.S. figure out how to handle AI's rapid growth, California has sent a clear message: algorithm-driven collusion is fair game for antitrust enforcement.
No stay: Fifth Circuit lets HSR vacatur stand, for now
Yesterday, March 19, 2026, the Fifth Circuit denied the Federal Trade Commission’s (FTC) petition for a stay pending the appeal of a District Court order vacating the current Hart-Scott-Rodino (HSR) premerger notification form (the “Form”) and associated rules (the “2024 Rule”), which were implemented on February 10, 2025.
California Trains Its Sights On Algorithmic Collusion
As courts and lawmakers across the U.S. figure out how to handle AI's rapid growth, California has sent a clear message: algorithm-driven collusion is fair game for antitrust enforcement. Starting January 1, 2026, California law prohibits using a shared pricing algorithm as part of an agreement to limit competition.1 Some see this update to the state's Cartwright Act as mostly restating what the law already covered.
California trains its sights on algorithmic collusion
The amendment addresses algorithmic pricing in two ways. First, it bans using or distributing a "common pricing algorithm"—which the statute defines as technology that two or more entities use to recommend prices or commercial terms based on competitor data—as part of an agreement to restrain trade under the Cartwright Act.
Private damages activity continues to escalate across key jurisdictions
Access to collective redress: divergent gatekeeping standards U.S. courts have reinforced that a lack of commonality and predominance of an issue between class members can be a major barrier to class certification. In both In re Keurig Green Mountain Single Serve Coffee Antitrust Litig. and Miami Products & Chemical Co. v.
New HSR form remains in effect after fifth circuit stay
Absent the Fifth Circuit’s ruling, the district court’s order would have prevented enforcement of the Final Rule as of February 20, 2026, and caused notifying parties to use the HSR form that was in place prior to the Final Rule. As a result of the Fifth Circuit’s order, notifying parties will continue to use the HSR form prescribed by the Final Rule “until further order” from the Fifth Circuit. This alert updates our February 16, 2026, client alert following these developments.
Federal District Court vacates expanded HSR Premerger Notification Rule-key takeaways
Background The Final Rule represented the first substantial modification to the HSR filing since the publication of the original filing in 1978, expanding existing categories of required information and adding new ones. Under the Final Rule, parties were required to submit a broader scope of responsive documents and information related to notified transactions and competition.
Specialist topic: Second Circuit antitrust rulings
In summary In 2024, the Second Circuit continued to tighten pleading standards for federal antitrust claims and did so in decisions assessing financial markets, the market for pharmaceuticals and online marketplaces for consumer services. The Second Circuit also issued guidance regarding personal jurisdiction defences in antitrust cases – a common line of defence to such claims arising from global conduct – and provided important guidance on when antitrust claims may be subject to arbitration.
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Operating Expenses Recurring costs required to maintain and manage a rental property, including property taxes, insurance, maintenance, repairs, utilities (if paid by the owner), property management fees, and other day-to-day expenses. Calculation: Insurance + Property Taxes + Property Management + Repairs & Maintenance + Capital Expenditures + HOA Fees
Antitrust In Focus - July 2024
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Partners Brian Hauserin Washington D.C. and Puja Patel in New Yorkare our editors this month. They haveselected: The European Commission (EC) has accepted legally binding commitments from Apple to end an antitrust investigation into the tech company’s practices in relation to its mobile wallet, Apple Pay.
FTC Says (Almost) No More Employee Non-Competes
On April 23, 2024, the Federal Trade Commission ("FTC") issued the Non-Compete Clause Rule ("Final Rule").1 Under the Final Rule, after the effective date (120 days from publication in the Federal Register), almost all post-employment non-compete clauses covering workers will be considered an "unfair method of competition" that violates the FTC Act. These clauses effectively will be banned on a nationwide basis.
Brian Hauser - Concurrences
A&O Shearman (Washington) Associate Brian Hauser is an associate in Shearman & Sterling’s Antitrust practice based in the firm’s Washington DC. office. His practice focuses on a variety of antitrust matters, including merger review, litigation, and counseling. Prior to joining the firm, Brian earned his LL.M. in competition law at New York University where he received the Frank T. Diersen Prize for graduating number one in his program.
Katharine Hayhoe - Saving Us [Review]
Acting with Power, Love, and a Sound Mind A Review of Saving Us: A Climate Scientist’s Case for Hope and Healing in a Divided World Katharine Hayhoe Hardback: Atria Books, 2021 Buy Now: [ IndieBound ] [ Amazon ] [ Audible ] [ Kindle ] Reviewed by Brian Hauser Tell me what you care about and we can talk about why climate change matters to you—even if you don’t realize it yet.
What matters 060321
What matters Warning: much of this article is tainted by the white privilege that has been afforded me. As a nation, we are now a full year since the horrific death of George Floyd; the day our nation watched in horror as Officer Chauvin kneeled on Floyd's neck, killing him. Our news media has covered the story extensively along with the peaceful protest, riots, and subsequent pushes for police reform.
Keep moving yourself ahead with faith
Keep yourself moving forward with faith The Easter season is a great time to be involved in church life. There is such excitement and energy in the church as we celebrate our living savior. For those already active in the church we are still in the euphoria from the week-long festivities of Holy Week.
Finding common ground 021121
Finding common ground This past week I was re-boxing books that had been given to me by a retiring colleague. It took longer than it should have because I kept picking up books and reading excerpts from them. One such book that caught my eye was titled, "The Unauthorized Guide to Sex and the Church." The book covers topics including sex scandals in the church, body ownership, purity and practices, sexual abuse, and addiction. I flipped through it and came to a chapter on abortion.
Caring over complaining
Caring over complaining For the past several years on the first or second weekend of November, I have joined with youth from around our area to sleep outside in homemade cardboard houses to raise money and awareness for homelessness. As many as five hundred thousand Americans and thirty-eight thousand veterans are homeless on any given night in the United States.
Only Jesus can save us
Only Jesus can save us This past week I spoke with a man who could not fathom a Joe Biden presidency. I did not engage in the discussion, nevertheless the man argued President Donald Trump was fighting for our Christian principles and would save our country from certain doom. In the same day, I spoke with another man who railed against conservative Christians for not standing up for their values because they support our current president.
Check the source
Check the source When I was coming up through school there was a major push by the teachers to have students cite all the sources they used during a class project. This was to cut back on plagiarism as well as to ensure that the sources used by students were accurate sources. The idea is that good sources that depend on fact and truth are clearly better than opinion articles in solving a question or dispute.
Update — Antitrust and COVID-19 | JD Supra
UPDATE — ANTITRUST AND COVID-19 US Agencies Encourage COVID-19-Related Collaboration Practical Tips for Information Sharing & Document Creation Possible Delays to US Merger Approvals The ongoing COVID-19 outbreak has, at least temporarily, reshaped the way that many companies do business.
Jesus, not politics, is the answer
Jesus, not politics, is the answer Some time ago I signed up for a daily email thing started by Clint Hurdle, former Pittsburgh Pirates manager. Regardless of one's opinions about Clint Hurdle as a manager, no one can deny he has been a public and outspoken Christian, using his position to further the cause of our faith. The emails contain encouraging words or thought-provoking articles. I do not read all of them, but I find it a worthwhile subscription because it is free and enlightening.
Biggest buck contest
Biggest buck contest Growing up in Western Pennsylvania I have always enjoyed the great outdoors. Hiking, canoeing, nature walks, camping, etc., have always been part of my life and have proven to be instrumental times for my walk with God. There is something special about being out in God's creation and enjoying the world God created for us to live in and explore. One of the outdoor activities I have always enjoyed is hunting, and this year I decided to try my hand at archery hunting.
A good trainer
A good trainer This past week I attended a meeting for the church denomination where we discussed offering specific trainings for the leadership within the churches. We discussed treasurer training to go over the changes in tax law and its effects on pastors and churches; we discussed elder training and what it means to be a leader within a congregation; we discussed evangelism and ways to motivate the faithful to share their faith.
The Vacation Packer
The vacation packer Thanks to many childhood hours spent playing Tetris on the computer, I have become very good at packing cars, trucks, vans, and sport utility vehicles to optimize space. This is an important skill for someone with three children and a fourth on its way -- to be able to pack large amounts of stuff in what often is not a large amount of space. I've been thinking about this recently as my family, along with extended family, is going on a camping trip this summer.
Look to the ant, you sluggard
Look to the ant, you sluggard The Bible says a lot about forgiveness, mercy, and lifting one another up. The Scriptures tell the story of how our inadequacies and failings have been forgiven, and we have been given far more than we deserve. The Scriptures tell us to forgive others even though they harm us, because we are forgiven through Jesus Christ our Lord. But what about those individuals who use and abuse us?
A great thanksgiving
With Thanksgiving this week it is hard to think about anything other than the standard question, "What are you thankful for this season?" It's a question that is honestly over-asked by far too many. I've been listening to folks answer that specific question for over a week now and I have not heard actual Thanksgiving in anyone's answer. What I hear are the things people are grateful for: grateful for having a home, for the health of my children, for food on the table, for a good job.
Paw Patrol' theology
My three year old son loves Paw Patrol. He loves the TV show. He loves to play with the toy pups. He loves his Paw Patrol bed set. He loves it all.As his father, I limit both the time and the content of what my children watch on TV. With that said, I don't mind him watching Paw Patrol for two reasons. One is that it has a heavy emphasis on team work and working together.And two because it lifts up different professions and teaches children to like and respect those professions.
Joe said it would
As someone who grew up south east of Pittsburgh in Westmoreland County I know the name Joe DeNardo quite well.If you don't know the name, Joe was the longtime chief meteorologist for WTAE. He passed away Friday, June 15 at the age of 87. Chuck W. Wolfertz III, WTAE president and general manager said this about the local Pittsburgh celebrity. "Joe's name is synonymous with Pittsburgh and its weather. Generations of Pittsburghers relied on Joe to keep them safe and informed.
A tradition of abundance
One of the things that I love about mainline denominations is the memory of our faith.The histories of the faithful guide and lead new generations and provide wisdom as we tackle the struggles of a changing world.
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