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Articles by Kenneth Schwartz
“Protect College Sports Act” Seeks Bipartisan Support By Including Most Key Terms of Prior Federal Proposals
A bipartisan coalition of Senators recently introduced a bill to provide a uniform national framework to regulate college sports. The Protect College Sports Act would provide the NCAA with an antitrust exemption to enforce various rules and would grant student athletes a federal right to earn compensation by licensing their names, images and likenesses (NIL).
The FTC and DOJ’s New Guidelines Promise Sharper Scrutiny of Mergers
Mergers and Acquisitions Regulation White Collar Crime From loosened structural presumptions to unconventional theories of harm such as “ecosystem competition” to consideration of a merger’s effects on outside markets, we review some of the most noteworthy changes in the new Guidelines. Following months of anticipation, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) unveiled their new Merger Guidelines (the Guidelines) on Dec. 18, 2023.
What's New In The DOJ-FTC Proposed Merger Guidelines
By Maria Raptis, Kenneth Schwartz and David Wales (July 20, 2023, 2:06 PM EDT) -- The Federal Trade Commission and Antitrust Division of the U.S. Department of Justice released a draft of proposed new merger guidelines Wednesday, 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced plans to "modernize" the agencies' approach to merger enforcement.... Law360 is on it, so you are, too.
Antitrust Chronicle™ - Private Equity
Dear Readers, This edition of the Chronicle focuses on private equity (“PE”) markets. The PE industry has experienced extraordinary growth over the past few years. In parallel, antitrust scrutiny of PE by antitrust enforcers has intensified, with visceral rhetoric from various agencies and legislatures worldwide. The articles in this volume address the implications of these developments. Giorgio Motta, Kenneth B. Schwartz, David M. Goldblatt & Michael B.
Antitrust Enforcers Intensify Scrutiny of Private Equity Deals
Over the last several years, private equity firms have faced an increasingly aggressive antitrust enforcement environment, both in the U.S. and abroad.
Skadden Discusses Aggressive Antitrust Enforcement and Novel Theories
From April 5 through April 8, 2022, the Antitrust Section of the American Bar Association held its annual Spring Meeting in Washington, D.C. A prominent theme throughout the week was the role of the antitrust laws in the lives of the American public.
Skadden Discusses Antitrust Enforcers’ Supply Chain Initiative
On February 17th, the Department of Justice (DOJ) announced an initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation. The initiative is yet another example of the Biden Administration’s aggressive approach to antitrust enforcement since inauguration.
Skadden Discusses Agency Perspectives on the Merger Guidelines Review
On Jan. 18, 2022, the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division announced a joint public inquiry related to the federal merger guidelines, with the goal of “strengthening enforcement against illegal mergers.” Members of the public are encouraged to provide comments pursuant to the joint request for information through March 21, 2022.
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