Tag Archives: COVID-19

NCAA, COVID and Paying Players: Negotiating Payment in the Midst of a Pandemic

Photo of BakerHostetlerBy BakerHostetler on Posted in Sports
In May, three judges on the U.S. Court of Appeals for the Ninth Circuit ruled unanimously against the NCAA in its appeal of the lower court decision, finding that the organization’s policies that prohibit student-athletes from being compensated are, in fact, anticompetitive. Last year we examined the decision in Alston v. NCAA, an opinion by … Continue Reading

Limits of State Action Protection for Colleges and Universities

Photo of Brady CumminsPhoto of BakerHostetlerBy Brady Cummins and BakerHostetler on Posted in Education
A recently filed antitrust complaint against Duke University (Duke) provides a fresh reminder for colleges and universities that the state action immunity doctrine is unlikely to be a complete shield from antitrust liability even if a public university is involved. On May 29, a professor at the University of North Carolina (UNC) filed a complaint … Continue Reading

COVID-19 and the DPA: First Criminal Complaint Filed by the Justice Department in New York

Photo of Carrie Dettmer SlyeBy Carrie Dettmer Slye on Posted in Defense Production Act
On Friday, April 24, 2020, the Justice Department announced the filing of a criminal complaint against a New York man, Amardeep “Bobby” Singh, for the hoarding and subsequent price gouging of personal protective equipment (PPE) under the Defense Production Act (DPA) – the first of its kind since the beginning of the COVID-19 outbreak in … Continue Reading

Combating COVID-19 Through Competitor Collaboration

Photo of Tyson HerroldPhoto of Brady CumminsBy Tyson Herrold and Brady Cummins on Posted in FTC
Join members of the BakerHostetler Antitrust and Competition Team on Monday, April 13, 2020 for a webinar where they will examine criminal and civil antitrust risks and the best practices businesses should follow to protect themselves, including an exploration of the immunities offered by the Defense Production Act, the Pandemic and All-Hazards Preparedness Act and … Continue Reading

COVID-19 Antitrust Agency Announcements and Procedural Changes

Photo of Brady CumminsBy Brady Cummins on Posted in Antitrust & Politics, FTC
Over the past several weeks, the U.S. antitrust enforcement agencies – the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) – have made several public announcements regarding changes to antitrust investigations and regulatory processes in response to the COVID-19 pandemic. In addition to changes to filing and meeting processes, … Continue Reading

Executive Order Addresses DOJ’s Fight Against Hoarding Activity

Photo of Rachel Palmer HooperBy Rachel Palmer Hooper on Posted in Antitrust Litigation
On the afternoon of March 23, 2020, United States Attorney General William Barr participated in the Coronavirus Task Force press briefing. Attorney General Barr revealed that, on March 23, President Trump issued an executive order allowing prosecution of hoarding that threatens the supply of necessary medical and health resources.[1] Once specific materials are designated as … Continue Reading

Protection of Consumers and the Public in Response to the COVID-19 Pandemic

Photo of Rachel Palmer HooperBy Rachel Palmer Hooper on Posted in Antitrust Litigation
Federal and state authorities are working to protect consumers and the public during the current COVID-19 pandemic. The Department of Justice (DOJ) issued a cautionary press release announcing its “intention to hold accountable anyone who violates the antitrust laws of the United States in connection with the manufacturing, distribution, or sale of public health products … Continue Reading
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