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
The U.S. Federal Trade Commission announced the annual changes to the thresholds contained in section 7A (Hart-Scott-Rodino) and section 8 of the Clayton Act (15 U.S.C. §§ 18a, 19) (Interlocking Directors). The new HSR...more
1/29/2020
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Popular ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
The U.S. Federal Trade Commission (FTC) convinced a California federal district court not only that Qualcomm’s longstanding intellectual property licensing practices and volume-based discounts violated the antitrust laws, but...more
6/7/2019
/ 5G Network ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FRAND ,
Injunctive Relief ,
Intellectual Property Protection ,
IP License ,
Popular ,
Qualcomm ,
Standard Essential Patents
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
On January 19, the Federal Trade Commission (FTC) announced the annual changes to the thresholds of the Hart-Scott-Rodino Antitrust Improvements Act (the HSR Act). These thresholds are adjusted annually based on changes in...more
Even in the absence of an agreement to fix compensation, simply exchanging competitively sensitive information could serve as evidence of an implicit illegal agreement.
On October 20, the Department of Justice (DOJ) and...more
11/9/2016
/ Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pre-Employment Agreements ,
Restrictive Covenants ,
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 district court’s decision may mark a turning point away from purely formulaic reliance on the FTC’s preferred approach and the testimony of self-interested payers....more
The Federal Trade Commission suffered a rare loss when, on Sept. 24, the U.S. District Court for the Northern District of Ohio denied its request for a preliminary injunction, despite having accepted the FTC’s “actual...more
The court’s decision in FTC v. Steris demonstrates the importance of conducting a thorough antitrust analysis of all aspects of a merger or acquisition from every possible angle, including likely future competition.
On...more
If a purchaser’s goals shift to include influence on the business management or board composition of the target issuer, an HSR filing must be considered.
The Federal Trade Commission (FTC or Commission) has once again...more
9/9/2015
/ Department of Justice (DOJ) ,
Equity Investors ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Financial Institutions ,
Financial Markets ,
Hart-Scott-Rodino Act ,
Nasdaq ,
Proxy Voting Guidelines ,
Stocks ,
Third Point ,
Voting Securities ,
Yahoo!
Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community.
On August 13, the Federal Trade Commission (FTC) issued...more
On April 25, Deputy Assistant Attorney General of Civil Enforcement Leslie Overton gave a speech focused entirely on the Antitrust Division’s enforcement activities related to transactions that do not trigger a filing under...more
The Federal Trade Commission (FTC) has finalized certain amendments to the Hart-Scott-Rodino (HSR) premerger notification regulations clarifying the scope of reportable transactions involving transfers of patent rights in the...more
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
After three years at the helm of the Federal Trade Commission (FTC), Chairman Jon Leibowitz stepped down. Without a doubt Chairman Leibowitz has been a visible and relentless advocate for restricting pay-for-day or reverse...more