In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis....more
In response to the global COVID-19 pandemic, the competition law enforcement agencies are implementing policies and procedures aimed at operational continuity while reducing the risk of the spread of the virus among their...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
On November 15, the Centers for Medicare and Medicaid Services (CMS) issued a final rule requiring public disclosure of hospital charges. Along with the Departments of Health and Human Services, Labor and the Treasury, CMS...more
11/20/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Final Rules ,
Health Care Providers ,
Healthcare Reform ,
Hospitals ,
PHSA ,
Price Transparency ,
Proposed Rules ,
Public Disclosure ,
Regulatory Requirements ,
Rulemaking Process ,
Service Charges
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 May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more
5/17/2019
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Apple ,
Direct Purchasers ,
Illinois Brick ,
Indirect Purchasers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Price-Fixing ,
State Antitrust Claims ,
The Clayton Act
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
In order to avoid a lawsuit by the Washington State Attorney General, seven fast-food chains with store locations nationwide agreed to no longer enforce “no-poach/no-hire” provisions in their franchise agreements and to...more
On June 25, the U.S. Supreme Court ruled that American Express’s contractual “antisteering provisions” did not violate section 1 of the Sherman Act....more
6/28/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS
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
The Second Circuit’s decision highlights that, whenever there are groups of plaintiffs that will obtain different categories of relief as a part of a settlement, both plaintiffs and defense counsel should seriously consider...more
11/9/2016
/ Anti-Competitive ,
Banking Sector ,
Banks ,
Class Action ,
Credit Cards ,
Due Process ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Interchange Fees ,
MasterCard ,
Merchants ,
Settlement ,
Sherman Act ,
Visa Inc
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
Antitrust class action price-fixing claims are among the most costly corporate litigation your company or client can face. In many cases, plaintiffs seek to plead and prove the alleged cartel through alleged indirect...more
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
The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more
The success of a merger or acquisition often largely depends on pre-closing planning and the rapid integration of the merged entities or acquired assets. In any transaction, the need for planning and speed create certain...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
After a three-week bench trial, the court has ruled that Apple violated Section 1 of the Sherman Act....more