In early September, the Eleventh Circuit reversed the district court’s judgment for defendants Burger King Corporation, Burger King Worldwide, Inc., and their ultimate parent Restaurant Brands International, Inc....more
9/26/2022
/ Antitrust Division ,
Antitrust Violations ,
Burger King ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Franchisee ,
Franchises ,
Franchisors ,
No-Poaching ,
Sherman Act
The Antitrust Division of the U.S. Department of Justice (DOJ) and several state attorneys general are challenging the American Airlines Group, Inc. (American) collaboration with competitor JetBlue Airways Corp. (JetBlue)....more
On September 23, the U.S. Senate advanced legislation that puts all businesses at risk of defending antitrust lawsuits across different jurisdictions at the same time. Senate Bill 1787 (S. 1787) — the Antitrust Enforcement...more
Introduction -
On August 10, the Sixth Circuit issued its opinion in St. Luke's Hospital et al. v. ProMedica Health System, Inc., reversing an unusual preliminary injunction under Section 2 of the Sherman Act that ordered...more
Last week the Federal Trade Commission (FTC or Commission) held its first open Commission meeting in over 20 years. Chair Lina Khan led the meeting and promised future open meetings of the Commission on a “regular” basis....more
Over the past several years, the Democratic commissioners of the U.S. Federal Trade Commission (FTC) have made clear their dissatisfaction with the agency’s historic treatment of pharmaceutical mergers. Now, it appears that...more
Split along partisan lines, the Federal Trade Commission (Commission) voted last week to issue Commentary on Vertical Merger Enforcement (Commentary). The Commentary intends to “provide[] greater transparency to the public...more
On July 31, the FTC published its settlement with Therapy Source, LLC; its owner, Sheria Yarbray; and Neeraj Jindal, the former owner of a competing staffing company — Integrity Home Therapy (collectively, the respondents)....more
8/3/2018
/ Antitrust Violations ,
Competition ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Home Health Agencies ,
Non-Solicitation Agreements ,
Section 5 ,
Settlement ,
Unfair or Deceptive Trade Practices ,
Wage-Fixing
Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more
The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007.
The U.S. Court of Appeals for the...more
10/18/2016
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Geographic Markets ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Hospitals ,
Hypothetical Monopolist Test ,
Merger Agreements ,
Preliminary Injunctions
The Federal Trade Commission (FTC) recently issued its first advisory opinion addressing clinical integration programs since the enactment of the Affordable Care Act (ACA). Without a doubt the advisory opinion is useful for...more