The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute,...more
10/25/2019
/ Antitrust Violations ,
Civil Monetary Penalty ,
Competition ,
Corporate Counsel ,
Equitable Relief ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Injunctions ,
Injunctive Relief ,
Permanent Injunctions ,
Restitution ,
Unfair or Deceptive Trade Practices
In a decision that extends the FTC's winning streak in the courts of appeals in healthcare provider merger cases, the Eighth Circuit affirmed the Federal Trade Commission's ("FTC") bid to enjoin Sanford Health's acquisition...more
7/8/2019
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Hospitals ,
Monopolization ,
Physicians ,
Rural Health Care Providers
A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more