Publications

Enacted on July 4, the One Big Beautiful Bill Act, or H.R. 1, includes a provision for "no tax on overtime." As a result, salaried employees who work long hours but do not receive overtime compensation could benefit from a change in their Fair Labor Standards Act status.

This article discusses the specific data-focused theories of harm presented by the agencies and how economic analysis was used to assess these theories of harm in United States of America, et al. v. UnitedHealth Group.

On February 13, 2025, the Antitrust Law Section hosted a webinar with Judge William Young of the U.S. District Court for the District of Massachusetts. The webinar, titled Process Lessons in DOJ v JetBlue Spirit, was moderated by Dr. Craig Malam, Partner at Edgeworth Economics, and Clotilde Le Roy, Associate at Cleary Gottlieb Steen & Hamilton LLP.

This article will examine how the rule changes are to affect agency economists' analysis during the initial waiting period and the effect on how the agencies target or identify from among all notified transactions those that warrant in-depth reviews.

Private class action lawsuits play a significant role in the vindication and development of U.S. antitrust law. But what are attorneys and courts to do when they know there's an injured class, but are not quite sure who's in it and who's not?

In this article, we trace the evolution of economic theories in “algorithmic collusion” litigation and describe a framework for the antitrust injury and damages issues that will be relevant as these cases proceed.

On April 30, 2024, the FTC published updated Business Guidance Concerning Multi-Level Marketing that details the current principles and practices that the FTC considers in its assessment of whether an MLM is offering an unlawful compensation structure and operating as a pyramid scheme.

In the November election, California voters narrowly rejected Proposition 32, which would have increased the state's minimum wage.

This article explores the economic dynamics and competition issues within the fast-advancing Generative Artificial Intelligence (AI) industry. Generative AI, encompassing hardware, models, and applications, has seen rapid growth across sectors, offering potential for efficiency gains and innovation.

“Dark patterns” is a term used to describe potentially deceptive app or website designs that could manipulate consumers to make choices they would otherwise not make.

In class action litigation, a court’s decision as to whether a particular class should be certified turns, in part, on the question of predominance. In antitrust class actions in particular, the predominance assessment relies heavily on economic analysis.

Pharmaceutical manufacturers introduce new and improved versions of drugs as part of their research and development strategy. However, concerns about antitrust violations are raised when manufacturers are alleged to use anticompetitive tactics to stifle generic competition.

In the last year, the Federal Trade Commission (FTC) has taken several actions to challenge patents listed in the Food and Drug Administration's (FDA) Orange Book.

On June 6, a motion for summary judgment was granted in In re: Lipitor Antitrust Litigation, dismissing claims of a pay-for-delay settlement from Pfizer Inc., the manufacturer of Lipitor, to Ranbaxy.

On April 30, the FTC published updated business guidance concerning multilevel marketers, or MLMs. This 2024 guidance details the current principles and practices that the FTC claims to consider in its assessment of whether an MLM is offering an unlawful compensation structure and operating as a pyramid scheme.