Antitrust Division December 2020 – Federal Register Recent Federal Regulation Documents
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Issuance of Updated Guidance Regarding the Use of Arbitration and Case Selection Criteria
This notice publishes updated and supplemental guidance on the use of arbitration by the Antitrust Division of the Department of Justice. The document includes case selection criteria to help identify Antitrust Division cases that would benefit from the application of arbitration. In addition, it includes guidance regarding practices that may be employed in an arbitration. The Antitrust Division is authorized to use alternative dispute resolution techniques, including arbitration, by the Administrative Dispute Resolution Act of 1990. This document updates and supplements previous Antitrust Division guidance regarding the appropriate use of ADR techniques.
Notice Pursuant to the Defense Production Act of 1950
Notice is hereby given pursuant to section 708 of the Defense Production Act of 1950 (``DPA''), that the Assistant Attorney General finds, with respect to the Plan of Action to Establish a National Strategy for the Manufacture, Allocation and Distribution of Personal Protective Equipment (PPE) to Respond to COVID-19 (``Plan of Action'') proposed by the Federal Emergency Management Agency (``FEMA''), that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through a plan of action having less anticompetitive effects or without any plan of action. Given this finding, the proposed Plan of Action may become effective following the publication of this notice.
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