News & Events

Litigation Partner Preston Miller was quoted in a CTFN article titled, “CTFN View from Washington: 2024 state of antitrust,” which discussed the current antitrust regulatory environment and trends to watch in 2024. Preston reflected on the effects of the Fifth Circuit’s recent decision in Illumina v. FTC. He noted that the decision was, “on balance,” more of a win for the FTC, since the Fifth Circuit endorsed the FTC’s product definition and how the agency viewed harm to competition. He further explained that the court laid out “a pretty clear and sensible roadmap for how to think about” merger remedies and, as a result, other courts will likely be “inclined to take the same approach rather than reinvent the wheel.” Looking ahead to the new year, Preston added, “I think if 2023 wasn’t already the year of litigating the fix, then 2024 certainly will be.”

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