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Fourth Circuit Affirms Divestiture Remedy in Molded Door Market Merger Challenge

Calling the case a “poster child for divestiture,” the Fourth Circuit Court of Appeals affirmed the divestiture of a company in the door ...

Will Facebook Sue Apple?

Facebook believes Apple abused its power in the smartphone market by forcing app developers to follow App Store rules that Apple itself doesn’t ...

January 29, 2021
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Longstanding Federal Antitrust Immunity for Health Insurers is Ending

Healthcare insurance companies, like other insurers, have enjoyed an exemption from U.S. antitrust laws since March 1945 when President Roosevelt ...

January 15, 2021

New U.K. Competition Unit to Focus on Facebook and Google, and Protecting News Publishers

That’s practically what has happened in the U.K. where the Competition and Markets Authority (CMA) has increased oversight of ad-driven digital ...

December 04, 2020
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GAO: U.S. Needs Internet Personal Data Privacy Protections for Consumers

In its 56-page Feb. 13 report, the GAO listed three issues that should be considered: Which agency or agencies should oversee Internet privacy. What ...

December 01, 2020
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The European Commission Accepts Narrow Commitments to Resolve Broadcom Investigation

On October 7, 2020, the European Commission accepted commitments offered by Broadcom Inc., ending its investigation into the chipmaker. Although a ...

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U.S., 11 States Sue to End Google’s Reign as “Monopoly Gatekeeper for the Internet”

Suit says company improperly uses market power to achieve exclusivity. The U.S. Department of Justice and 11 states have sued Google LLC in federal ...

October 20, 2020
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Apple Allowed to Continue to Ban Epic's Fortnite From Store, But May Not Retaliate Against Epic Affiliates

By Jonathan Rubin The case involves questions "on the frontier edges" of U.S. antitrust law, according to the judge overseeing it. It is a legal ...

October 19, 2020
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Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment  

At a conference earlier this year on the Committee on Foreign Investment in the United States, or CFIUS, Assistant Treasury Secretary Thomas P. Feddo ...

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Finding and Fighting Anticompetitive Schemes: Avoiding the Big Squeeze

Why and how your organization's purchasing, legal, and finance professionals can form a formidable defense against profit-killing price-fixing, ...

September 25, 2020
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App Developer Chronicles His Saga With Apple's 'Anti-Competitive' App Store

'Apple wanted us out of the App Store.' In January 2018 Apple investors complained publicly about the lack of parental controls on their popular ...

September 15, 2020
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Auntie Em and Antitrust: Ending Ages-Old Ban, Movie Studios May Distribute Films and Own Theaters

At the end of the beloved 1939 film The Wizard of Oz, Dorothy famously says to her Auntie Em, "There's no place like home!"  It's one of the best ...

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Altria, JUUL Call FTC’s Antitrust Complaint 'Ill-Conceived' and Deal Good for Competition, Consumers

Altria must show it was failing in the e-cig business for deal to survive. Altria Group, Inc. and JUUL Labs, Inc. fired back at the FTC’s April ...

August 18, 2020
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POTUS Uses CFIUS to Unwind TikTok Deal, Fears Chinese Government Will Get Americans' Private Data

While rare, this use of CFIUS powers may be a harbinger. Making good on his threats and citing national security risks, President Donald J. Trump ...

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Raising New Questions re Antitrust Oversight, Epic Games Sues Apple, Google for Blocking 'Fortnite' App

When should 'marketplace platforms' be treated as markets controlled by operators? It poses a new brand of antitrust problem: private parties ...

August 14, 2020
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Elimination of Digital DIY Tax Prep Disrupter Should Concern Antitrust Law Enforcers

The Antitrust Division of the U.S. Department of Justice is taking a close look at the announced $7.1 billion acquisition of market disruptor Credit ...

August 11, 2020
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California High Court: Interference With 'At Will' Contract Requires 'Separate Wrong' to be Actionable

The sky is not falling. Opinion limited to 'at will' contracts. When a third party craters a contract, you and the other contracting party almost ...

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Four of the Five Biggest Tech CEOs Headed to Capitol Hill for Antitrust Hearings

The CEOs of Amazon, Apple, Facebook, and Google are scheduled to appear before the U.S. House of Representatives’ Judiciary Antitrust Subcommittee on ...

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DOJ Antitrust Chief Refutes Whistleblower’s Testimony Accusing AG Barr of Bias

One of U.S. Attorney General Bill Barr's team has come to his defense against allegations that he has mismanaged the Department of Justice. Assistant ...

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Healthcare Industry Antitrust Measures Advance as Pandemic Pressures Persist

California Attorney General Xavier Becerra says the COVID-19 virus has “shone a light” on the impact consolidation in the healthcare market has had ...

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Class of End-Payors Certified in Illegal Monopolization Suit Against Drug Maker Allergan

On May 5, 2020, U.S. Judge Nina Gershon of New York granted certification to a class of end-payor plaintiffs (EPPs) who purchased the successful ...

Ninth Circuit Opens Door for Students to Receive Additional Benefits for Playing Sports, Finds NCAA Rules Violation of Antitrust Laws

The National Collegiate Athletic Association’s rules limiting education-related benefits for student-athletes are impermissible restraints on trade ...

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Seventh Circuit Breathes New Life into Refusal-to-Deal Claims

On Feb. 24, 2020, the Seventh Circuit U.S. Court of Appeals revived refusal-to-deal and tying claims brought against Comcast Corp. by Viamedia Inc. ...

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Dining Delivery Disruptors Disrupted: DOJ, FTC Should Examine Uber's Planned Purchase of Grubhub, Senators Say

Driven by competitive pressure and pandemic-related losses, Uber Technologies Inc. has expressed its intention to acquire competitor Grubhub Inc. to ...

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What Bankruptcy Counsel Need to Know About Antitrust Law: Nothing Is Free and Clear

Antitrust law doesn't take a back seat to bankruptcy. While bankruptcy is no one's idea of a dream, the beauty of the U.S. Bankruptcy Code is that it ...

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Ticketmaster, Live Nation Get Booed: Concert-Goers File Class Action for “Unchecked” Abuse of Market Power

Live Nation Threatens Anyone Who Doesn’t Play Along, Plaintiffs Allege Concert-goers tired of paying “supracompetitive fees” on ticket purchases from ...

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Contractual Distancing: Pandemic Insurance Litigation Spreads with Business Interruption Claim Denials

Insurance coverage works when risk is spread across a large number of policyholders.  But for the insurance market to function properly losses must ...

April 19, 2020
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Private Antitrust Action Follows FTC Complaint Against Altria and Juul Over E-Cigarette Deal

Living by the adage “if you can’t beat them, join them,” tobacco giant Altria Group, Inc. acquired a 35% stake in e-cigarette market leader Juul ...

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U.K. Begins Phase II Probe of Cengage/McGraw-Hill Merger

On March 10, 2020, the U.K.’s Competition and Markets Authority gave Cengage and McGraw-Hill an ultimatum – provide remedies that cure the ...

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UK Threatens Phase II Review of Cengage/McGraw-Hill Deal

On March 10th, the U.K. Competition and Markets Authority (CMA) gave Cengage Learning and McGraw-Hill an ultimatum: address competition concerns or ...

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Enforcers, Experts Discuss Tamping Down Anticompetitive Behavior in Bio Market During FDA/FTC Workshop

  For believers in free markets it is important that they operate free of “shenanigans,” Food & Drug Administration (FDA) Commissioner Stephen Hahn ...

March 23, 2020
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DOJ: Event Powerhouse Live Nation Punished Concert Venues for Using Competing Ticketers Despite Bar

  Live Nation Entertainment, Inc., owner of some of the world’s biggest music venues, events and festivals, is currently operating under what the ...

March 19, 2020
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Are These the First Steps Toward a New Approach to Merger Control?

Big Tech mergers make big headlines, but there is much more to a deal than how much money changes hands. More important questions need to be ...

March 03, 2020
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FTC, FDA Team Up Against Anticompetitive Tactics in Biological Product Industry

Anticompetitive conduct and misleading advertising practices in the burgeoning biosimilars market – where nearly identical versions of bioilogics are ...

February 28, 2020
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Consolidation of Financial Markets Continues as Morgan Stanley Offers to Buy E*TRADE, Pioneer of Low-Cost Online Trading Segment

Morgan Stanley’s proposed $13 billion all-stock acquisition of the popular E*TRADE online discount brokerage made big headlines last week. While no ...

February 26, 2020
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Treasury’s New Regs Address Impact of Foreign Investments, Other Deals on National Security

The U.S. Treasury Department’s final regulations, giving it more power to scrutinize any national security risks that may arise from deals between ...

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FTC Moves to Block Acquisition of Innovative Player That Has Been Good to Wet-Shave Razor Consumers

The Federal Trade Commission (FTC) voted unanimously to challenge Edgewell Personal Care Co.’s proposed $1.37 billion acquisition of Harry’s, Inc. ...

February 07, 2020
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Agencies’ Antitrust Suit Against Drug Maker Underscores Challenges of Bringing Biosimilars to Market

The Federal Trade Commission and the New York Attorney General have sued Vyera Pharmaceuticals and two of its executives for antitrust law ...

February 05, 2020
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FTC Announces 2020 ‘Size of Transaction Thresholds’

The Federal Trade Commission (FTC) announced on Jan. 28, 2020, that the “size-of transaction threshold” for reporting proposed mergers and ...

February 04, 2020
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At Long Last: FTC, DOJ Issue New Draft Vertical Merger Guidelines

The Department of Justice (DOJ) and Federal Trade Commission (FTC) have released for public comment their joint draft guidelines which courts may ...

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Company Sues to Hold the FTC and Its Merger Review Process Unconstitutional

“If that procedure sounds unfair, that’s because it is.” That’s how Axon Enterprise, Inc. describes the inner workings of the Federal Trade ...

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Schwab/TD Ameritrade Deal Would Create a Wealth Management Market Dominator

Charles Schwab Corp. has announced it will acquire TD Ameritrade Holding Corp. for $26 billion in stock. But the merger should receive significant ...

January 03, 2020
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FTC Challenges Illumina- PacBio Merger Over Next Gen DNA Sequencing

The Federal Trade Commission (FTC) is challenging Illumina Inc.'s $1.2 billion acquisition of Pacific Biosciences of California Inc. (PacBio), ...

December 18, 2019
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Comcast Sued for Alleged Regional Sports Network Monopsony

Claiming Comcast Corp. is using its significant buying power and ambitious nationwide acquisition strategy to dominate the lucrative regional sports ...

December 10, 2019
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Undeterred by Challenges, Google Makes Another Move to Harvest Healthcare Data

You have to give Google credit. It’s no quitter. Despite pressure in the United States and Europe that might tell other companies to take a breath, ...

December 06, 2019
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Spurned by HP Board of Directors, Xerox Gets Hostile, and is Spurned Again

Copy equipment giant HP Inc. turned down the much smaller Xerox Holdings Corp.’s acquisition overtures twice in one week as the exchange of ...

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China's TikTok Facing Privacy & Security Scrutiny from U.S. Regulators, Lawmakers

Reuters broke the story that the Treasury Department’s Committee on Foreign Investment in the United States (CFIUS) is conducting a national security ...

November 08, 2019
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Billion-Dollar Merger of DNA Sequencing Firms Opposed by U.K., Questioned in U.S.

DNA sequencing giant Illumina, Inc.’s proposed $1.2 billion acquisition of Pacific Biosciences of California Inc. has drawn opposition in the U.K. ...

November 05, 2019
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Take Our CLE Webinar: The Intersection of Antitrust and Privacy

Moderator & Speaker: Daniel J. Mogin | Managing Partner, MoginRubin LLP Speakers: Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP Thomas N. ...

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Beef Buyer Class Action Says ‘Big Beef’ Colluded to Score Record Profits by Manipulating Capacity

Now it’s the direct purchasers of one of the nation’s most delicious and protein-rich commodities -- beef. The purchasers claim in a new class action ...

October 24, 2019
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CCPA Update: Governor Signs Batch of Amendments

California Governor Gavin Newsom has signed several amendments to the California Consumer Privacy Act of 2018. Issues range from the timing of ...

October 18, 2019
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California Tackles Big Pharma’s Anticompetitive ‘Pay for Delay’ Practices That Slow Down Lower-Cost Generic Drug Development

California Gov. Gavin Newsom has signed AB 824, known as the “Pay-for-Delay" bill, blocking pharmaceutical companies from paying generic drug makers ...

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CCPA Changes Sent to Governor’s Desk as January Effective Date Draws Closer and Compliance Costs Loom Large

Several amendments to the California Consumer Privacy Act of 2018 are headed to Gov. Gavin Newsom’s desk. Issues range from the timing of employer ...

October 10, 2019
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California’s College Athletes May Profit from Their Positions, Kicking Off a National Wave and a Bout with the NCAA

September 30, 2019, was a big day for college athletics. Alongside Lakers’ star LeBron James (who ironically skipped college), California Governor ...

‘Big Tuna’ Antitrust Case Among Latest to Discuss Daubert Test at Class Certification Stage. But What’s Too Rigorous?

U.S. Judge Janis L. Sammartino in California’s Southern District certified a price fixing class action against “Big Tuna” this summer following a ...

September 18, 2019
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Google’s Cookie Conundrum: What’s Essential to Revenue Also Threatens Privacy

Google says cookies are good. They are critical to generating advertising revenue and they help the company improve its product from functionality ...

September 07, 2019
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DOJ Opposes Sabre’s Acquisition of Airline Ticketing Disrupter Farelogix

When a company with a new idea shakes up an industry and delights consumers, it is tempting for established players to devour them. But is that in ...

September 03, 2019
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DOJ Gets Involved in Antitrust Case Against Symantec and Others Over Malware Testing Standards

The U.S. Department of Justice Antitrust Division has inserted itself into a case that questions whether the Anti-Malware Testing Standards ...

Anticompetition & Privacy Probes Put Big Tech on the Defensive, Scrambling to Adapt & Paying Fines

  The Department of Justice Antitrust Division and the Federal Trade Commission are making good on their promises to scrutinize the world’s leading ...

Talent Agencies Sue Writers' Unions for Anticompetitive Boycott

The world’s leading talent agencies claim the two Writers Guild of America (WGA) unions violated antitrust laws by executing what they call an ...

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Free Competition or National Security? Chip Giant Qualcomm’s Business Practices Pit the FTC Against the DOJ

Ubiquitous modem chips allow our smart devices to communicate with each other over cellular networks using industry standards like 4G LTE. A small ...

DOJ Will Weigh ‘Good Corporate Citizenship’ in Future Criminal Probes

Assistant Attorney General Makan Delrahim announced on July 11, 2019, the Antitrust Division’s new policy for incentivizing antitrust compliance, ...

Professional Sports Leagues at Odds With Gaming Industry Over Control of Statistics

For a group of organizations whose very existence is based on fair world-class competition, the competitive spirit of professional sports leagues has ...

Salmon Industry Faces Price-Fixing Lawsuits in the U.S. Following Raids in Europe

Commercial U.S. buyers of Farmed Atlantic Salmon have sued many of the leaders of what they maintain is a global cartel that has colluded to fix and ...

July 09, 2019

Google is Allowing Businesses to Post Millions of Fake Listings on its Maps App. Will It Be Held Accountable?

According to a recent Wall Street Journal report millions of business listings on Google Maps are fake, thanks to businesses seeking to drive call ...

Consumers, Ranchers Allege Cartel in Beef Industry

The meat packing industry is coming under increasing pressure in the form of separate antitrust lawsuits filed this year by consumers and cattle ...

June 22, 2019
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Tech Market Getting More Scrutiny, This Time From the U.S. House Antitrust Subcommittee

The line of politicians, regulators, and legislators in the U.S. and abroad expressing serious concerns about the market power held by big technology ...

June 04, 2019

WSJ: DOJ ‘Gearing Up’ For Antitrust Fight Against Alphabet Inc.’s Google

The Wall Street Journal reported on May 31 that the U.S. Justice Department is “gearing up” for an antitrust investigation of Google, “a move that ...

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Qualcomm Seeks Stay of Judge Koh's 'Irreparably Flawed' Antitrust Decision

Qualcomm Inc. has asked U.S. Judge Lucy H. Koh of the Northern District of California to stay, pending appeal to the Ninth Circuit U.S. Court of ...

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CFIUS: A Guardian of National Security or a Protectionist Tool?

The committee has been playing a bigger role on the global M&A stage, figuring prominently in the U.S.-China trade war and putting the breaks on some ...

May 19, 2019
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DOJ Guides Prosecutors Considering Criminal Charges in Assessing Corporate Compliance Programs

The U.S. Department of Justice Criminal Division has issued guidance to assist prosecutors in assessing corporate compliance programs during criminal ...

Supreme Court Greenlights iPhone App Antitrust Case by ‘Direct Purchasers’

The Supreme Court held today that iPhone users are “direct purchasers” of apps from Apple’s wildly popular multi-billion-dollar App Store and have ...

May 13, 2019

German Competition Regulator Calls Facebook’s User Data Collection “Exploitative Abuse”

The German competition regulatory authority has decided to bar Facebook from combining user data with data it scrapes from non-Facebook sources -- a ...

April 29, 2019
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Spotify Tells EU Apple is Hampering Competitors as Apple Music Surpasses Spotify in U.S.

Swedish music streaming company Spotify Technology SA’s antitrust complaint against Apple Inc. in Europe is another example of a dispute arising when ...

April 23, 2019

Employer Anticompetitive Practices Are Risky Business

  This is an excerpt of a thorough discussion of the issue captured in a 14-page article. Download the PDF. No one wants their most valuable assets ...

Cannabis Competitors Engage in Anticompetitive Conduct to Protect Territory, More Cases Likely

The global cannabis market is on track to triple in size in the next three years, expecting to hit $32 billion, with two-thirds of that coming from ...

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Another Anti-Competition, Anti-Privacy Action Coming Soon, This Time in Mississippi

Mississippi Attorney General Jim Hood told CNBC on Monday, March 18, that he is developing his antitrust case against Google similar to the one ...

March 21, 2019

EU’s Anti-Competition Fines Against Google Now Total $9.4 Billion

The European Commission has fined Google $1.69 billion for breaching EU antitrust rules. “Google has abused its market dominance by imposing a number ...

March 20, 2019
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Legislators Call Remedies for Drug Industry Antitrust Conduct Ineffective

  Democrats and Republicans in both chambers of Congress have come out against drug industry practices such as paying generic drug companies to delay ...

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Facebook’s Messenger Integration Plan Greeted With Anti-Competition, Anti-Privacy Criticism

In a move that could redefine how 2.6 billion people use Facebook Messenger and Facebook’s acquired WhatsApp and Instagram apps, The New York Times ...

New FTC Task Force to Monitor Anticompetitive Conduct in Tech Sector

The Federal Trade Commission’s Bureau of Competition has set its sights on the U.S. technology sector. On Feb. 28 it launched a task force that will ...

March 01, 2019

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