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The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict...more

Unpacking Antitrust Issues in the Food Industry During the Pandemic

COVID-19 already has had a significant impact on the food industry. Companies at all levels of the food supply chain long have been the focus of antitrust investigations and litigation, partly because there are relatively few...more

DOJ Makes Important Changes to Its Guidance on Evaluating Compliance Programs

On June 1, 2020, the Criminal Division (the “Criminal Division”) of the Department of Justice (the “DOJ” or “Department”) issued revised guidance (the “June 2020 Guidance”) about how it will evaluate corporate compliance...more

[Webinar] State Attorneys General - Antitrust and White-Collar Investigations - What You Should Know - October 30th, 1:00 pm ET

BakerHostetler invites you to join us for an upcoming webinar, State Attorneys General - Antitrust and White-Collar Investigations - What You Should Know, offering vital insights into antitrust issues and white-collar...more

[Webinar] Department of Justice - Antitrust and White-Collar Investigations - What You Should Know - October 23rd, 1:00 pm ET

BakerHostetler invites you to join us for an upcoming webinar, Department of Justice - Antitrust and White-Collar Investigations - What You Should Know, offering vital insights into antitrust issues and white-collar...more

[Webinar] Federal Trade Commission - Antitrust Investigations - What You Should Know - October 16th, 1:00 pm ET

BakerHostetler invites you to join us for an upcoming webinar, Federal Trade Commission - Antitrust Investigations - What You Should Know, offering vital insights into antitrust issues and investigations. Topics: • The...more

Clarity and Transparency: DOJ Issues Updated Corporate Compliance Guide

On April 30, 2019, the Criminal Division of the U.S. Department of Justice ("DOJ") released a new corporate compliance guidance document for prosecutors titled “Evaluation of Corporate Compliance Programs” (“Guidance”)....more

[Webinar] Pharmaceutical Life Cycle Management: Updates on Navigating the IP, FDA and Antitrust Terrain - April 5th, 12:00pm EST

There’s been a sea change in the political climate. The regulatory forecast is still uncertain, and pharmaceutical evolution continues to develop....more

Pharmaceutical Life Cycle Management: Navigating the New IP, FDA and Antitrust Terrain

Efforts to extend the life cycle of pharmaceutical products frequently involve innovations and improvements in product design, formulation, route of administration and treatment indications. In addition, negotiation of...more

FTC Brushes Aside AG, Regulators to Attack Local Hospital Merger

The Federal Trade Commission (FTC) continued its relentless focus on combinations in the healthcare industry last month when it filed an administrative complaint challenging a merger of two West Virginia hospitals, In the...more

FTC Addresses Sharing Economy Following June Workshop

Federal Trade Commission Chairwoman Edith Ramirez recently made statements regarding regulation of the developing “sharing economy” exemplified by on-demand apps and websites such as Uber and Airbnb that connect sellers of a...more

Specific Guidance to Businesses Still Lacking in FTC Principles

In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared “unfair methods of competition in or affecting commerce” to be unlawful and gave the FTC enforcement power over...more

FTC Finally Offers ‘Principles’ Governing Section 5 Powers, but Specific Guidance to Businesses Still Lacking

In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared “unfair methods of competition in or affecting commerce” to be unlawful and gave the FTC enforcement power over...more

Ruling on Economic Favoritism Puts ‘NC Dental’ Back in Spotlight

In a recent opinion, a divided panel of the U.S. Court of Appeals for the Second Circuit ruled that an economic regulation passed by a state agency solely to protect one group from competition would not violate the...more

FTC Announces "Enforcement Principles" Governing Section 5 Competition Authority

This week, FTC Chairwoman Edith Ramirez announced that the FTC had voted to issue a formal statement setting forth three “Enforcement Principles” governing its authority over “unfair methods of competition.” As Ramirez...more

Patent Defeats Antitrust in Latest Test at Supreme Court

In Kimble v. Marvel Entertainment, 576 U.S. ____ (2015), the U.S. Supreme Court considered whether to overturn Brulotte v. Thys, 379 U.S. 29 (1964), its 1964 decision holding that it was per se unlawful for a patent owner to...more

Clear Expectations: DOJ Outlines Tenets of an Effective Antitrust Compliance Program

There has never been a greater emphasis on policing anticompetitive behavior worldwide. Dozens of countries have instituted effective and aggressive cartel enforcement programs following a trend of increased global...more

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