On July 14, 2023, the Federal Trade Commission joined action previously taken by the DOJ Antitrust Division in February 2023 and formally withdrew two longstanding antitrust enforcement policy.
With a potential comeback in store for the Robinson-Patman Act (RPA), companies need to be able to identify, address, and ideally avoid risks that may be embedded in complex pricing structures.
On Friday, December 23, 2022, the House of Representatives passed the Consolidated Appropriations Act, 2023 (the "Act") after the Senate had passed the Act on Thursday with bipartisan support.
Whether tacit collusion—where firms effectively behave as though they are colluding without any direct communication expressing agreement—should give rise to an antitrust violation.