Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more
3/8/2024
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare ,
Hospital Mergers ,
Private Equity ,
Section 5 ,
Section 7 ,
Sherman Act ,
The Clayton Act
Summary -
Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more
11/21/2023
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employees ,
Employment Contract ,
Enforcement Actions ,
Motion to Dismiss ,
No-Poaching ,
Sherman Act ,
Wage-Fixing
Summary -
The DOJ upended health care antitrust enforcement guidance last Friday by withdrawing previous guidance from 1993, 1996, and 2011 it characterized as “overly permissive on certain subjects,” stating that it no...more
Summary -
The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more
11/16/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
New Guidance ,
Section 5 ,
Sherman Act ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
Summary -
Increased antitrust enforcement is a hot topic in the nation’s capital this summer, with the House Judiciary Committee approving a package of legislation that would reshape the antitrust laws last week and an...more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) formally released the new Vertical Merger Guidelines on June 30, 2020, to provide insight to companies as to how the agencies will evaluate the...more
The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly released a statement announcing their focus on anticompetitive conduct in U.S. labor markets...more
The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced they would be providing expedited guidance to companies embarking on procompetitive...more
In light of the COVID-19 outbreak, the U.S. Department of Justice announced that it intends to hold accountable anyone who commits antitrust violations—by fixing prices, rigging bids, or allocating customers—in connection...more
3/13/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Bid Rigging ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Justice (DOJ) ,
Emergency Response ,
Infectious Diseases ,
Preventive Health Care ,
Price-Fixing ,
Public Health
The Federal Trade Commission (FTC) announced yesterday that Canon Inc. and Toshiba Corporation agreed to pay a $2.5 million fine each to settle charges that the two companies violated the Hart-Scott-Rodino Act by failing to...more
6/12/2019
/ Antitrust Provisions ,
Canon ,
Clearance ,
Corporate Counsel ,
Corporate Sales Transactions ,
Enforcement Actions ,
Failure to Comply ,
Failure to Report ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Premerger Notifications ,
Regulatory Requirements ,
Reporting Requirements ,
Statutory Violations ,
Toshiba ,
Waiting Periods
Employers should assess whether their employment practices— including benchmarking, recruitment, and the sharing of information about employee compensation—comply with antitrust law requirements in the face of increased...more
10/31/2018
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Benchmarking ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Hiring & Firing ,
Human Resources Professionals ,
Information Sharing ,
No-Poaching ,
Recruitment Policies ,
Wage-Fixing
Businesses and individuals should be aware that their antitrust compliance policies may not adequately cover all reportable transactions under the Hart-Scott-Rodino (HSR) Act. The Federal Trade Commission (FTC) states that an...more
The Federal Trade Commission (FTC) won another decisive victory in its effort to fight health care provider consolidation when the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s decision denying the...more
The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more
The Federal Trade Commission (FTC) won a decisive victory today in its efforts to slow the record pace of health care provider consolidation, when the U.S. Court of Appeals for the Third Circuit reversed a District Court's...more
Handing the Federal Trade Commission (FTC) its first defeat in a federal court hospital merger challenge in more than a decade, a federal district court judge yesterday denied the joint request of the FTC and the Attorney...more
The California Supreme Court issued a decision today in the Cipro antitrust cases, concluding that the analysis set forth by the U.S. Supreme Court in FTC v. Actavis applies to alleged “pay-for-delay” pharmaceutical patent...more
Signaling increased interest in conditional pricing, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) recently held a one-day workshop to examine the economic, legal, and policy...more