The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust...more
4/6/2023
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Division ,
Antitrust Investigations ,
CFIUS ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Interlocking Directorate ,
Mergers ,
National Security ,
Pre-Merger Filing Requirements ,
Section 8 ,
The Clayton Act
The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading...more
4/4/2023
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Division ,
Antitrust Investigations ,
Community to Purchase Act (COPA) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Healthcare ,
Hospitals ,
Joe Biden ,
Mergers ,
Private Equity ,
Robinson-Patman Act ,
Sherman Act ,
Spoliation
This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing...more
4/8/2022
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Cartels ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Horizontal Merger Guidelines ,
Mergers ,
No-Poaching ,
The Clayton Act ,
Vertical Mergers ,
Wage-Fixing
The US Department of Justice’s (DOJ) Antitrust Division (Division) has continued to actively investigate and pursue alleged criminal violations of antitrust laws and collusive activity in government procurement. US Attorney...more
Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more
3/16/2022
/ Antitrust Division ,
Arbitration Agreements ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Independent Contractors ,
Memorandum of Understanding ,
Non-Compete Agreements ,
U.S. Treasury
The US Court of Appeals for the First Circuit affirmed a district court order dismissing a trademark infringement case for lack of personal jurisdiction, finding that if challenged, personal jurisdiction cannot be assumed...more
In 2019, the total number of antitrust cases filed against providers dropped to 20 after the 2018 bump (27 cases). In the latest Health Antitrust Litigation Update for Providers, we discuss what kinds of cases were brought...more
11/16/2020
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Health Care Providers ,
Healthcare ,
Insurance Contracts ,
Motion to Dismiss ,
Physician Admitting Privileges ,
Physicians ,
Pleadings ,
Professional Regulators ,
Summary Judgment
JULY - SEPTEMBER 2020 UPDATE -
UNITED STATES-
Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more
10/26/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
UK ,
UK Competition and Markets Authority (CMA)
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws,...more
What Happened -
• DTE and Enbridge’s natural gas pipeline joint venture, Nexus, agreed to purchase the Generation Pipeline (Generation).
•Generation was owned by a group of sellers including North Coast Gas Transmission...more
The US agencies continue to be aggressive and have blocked transactions or required significant remedies during the second quarter. The agencies cleared three mergers where divestitures were required. In the face of Federal...more
8/28/2019
/ Acquisitions ,
Antitrust Violations ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
French Competition Authority ,
Institutional Investors ,
Merger Controls ,
Mergers ,
Sherman Act
Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased...more
6/6/2019
/ Anticompetitive Behavior ,
Antitrust Division ,
Audits ,
Bid Rigging ,
Competition ,
Criminal Prosecution ,
Department of Defense (DOD) ,
Federal Contractors ,
Fraudulent Procurement ,
Guilty Pleas ,
White Collar Crimes
2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more
6/5/2019
/ Antitrust Litigation ,
Competition ,
Cooperation Agreement ,
Department of Justice (DOJ) ,
Government Agencies ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Monopolization ,
Physicians ,
Price-Fixing