Dallas Partner Susan Adams provided insight to WWD on a shift from the Department of Justice and Federal Trade Commission in their view of antitrust issues in e-commerce. For many years, enforcement of antitrust issues and scrutiny of competitive conduct was focused on consumer pricing. However, recent remarks from the DOJ signal that large e-commerce companies may be examined for behavior that impacts markets beyond just price. Adams noted, “The focus now is not just on price, but the potential to stifle innovation. Whether it is your licensing agreements, or distributor agreements, or any kind of exclusive relationships — what way you went about forming those relationships, that would be something that regulators will look at.”
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