A California jury last week handed down what has been reported to be the first antitrust jury verdict involving the cannabis industry.  As the cannabis industry continues to grow and evolve, cannabis-related antitrust disputes may well increase.
Continue Reading California Jury Awards Millions to Cannabis Company in Antitrust Case

The cannabis industry faced heightened antitrust scrutiny from the Department of Justice (DOJ) in 2019.  There were public reports regarding several “Second Requests” seeking information about potential cannabis transactions.  Second Requests are a part of expensive and time-consuming antitrust investigations typically issued in the approximately 2 percent of transactions that present significant anticompetitive concerns.  To have several Second Requests within a short period of time in the same industry, particularly in an emerging industry such as cannabis, appeared unusual to many observers.  Recent events have shed light on some possible reasons for DOJ’s heightened focus.
Continue Reading High Risk of Second Requests in the Cannabis Industry