Alan Rutenberg

Alan Rutenberg

Foley & Lardner LLP

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Judge Allows Advocate-NorthShore Merger to Proceed; FTC May Appeal

For the second time in just over a month, a federal judge has denied a Federal Trade Commission (FTC) motion to enjoin the merger of two hospital systems, this time the 13-hospital Advocate Health Care and the 4-hospital...more

6/16/2016 - Antitrust Litigation Competition FTC FTC Act Healthcare Reform Hospital Mergers Hospitals Preliminary Injunctions The Clayton Act

Federal Judge Refuses FTC Request to Block Hershey/Pinnacle Deal; FTC to Appeal

Hospitals and other providers who have been tracking Federal Trade Commission (FTC) and Department of Justice Antitrust Division hospital merger challenges over the last several years will want to take note of the federal...more

5/13/2016 - Administrative Proceedings Antitrust Litigation Appeals Divestiture FTC FTC Act Health Care Providers Healthcare Reform Hospital Mergers Preliminary Injunctions The Clayton Act

Annual Adjustments to Hart-Scott-Rodino and Interlocking Directorates Thresholds

The annually adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15 U.S.C. § 19) were published in the Federal Register on January 26,...more

1/29/2016 - Filing Fees Hart-Scott-Rodino Act Interlocking Directorate Pre-Merger Filing Requirements Size of Persons Test Size of Transaction Test The Clayton Act

Clarity Put on Hold as FTAIA Conflict/Confusion Continues

The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more

6/22/2015 - Appeals Cartels Damages Exports Foreign Trade Regulations FTAIA Imports Petition for Writ of Certiorari Price-Fixing SCOTUS Sherman Act Subject Matter Jurisdiction Trade Restrictions Treble Damages

Takeaways From the FTC/DOJ Workshop on Health Care Competition

The Federal Trade Commission and Department of Justice Antitrust Division held their second public workshop on health care competition on February 24-25, 2015. The workshop is part of the FTC and DOJ’s commitment to...more

3/6/2015 - Antitrust Division DOJ FTC Healthcare Regulatory Agenda

Hart-Scott-Rodino and Interlocking Directorates Thresholds Ratchet Up

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15 U.S.C. § 19) were published in the Federal Register on January 21, 2015. The...more

1/22/2015 - Filing Fees FTC Hart-Scott-Rodino Act Jurisdiction Threshold Requirements

Commission Tightens Rules of Exemption Under the EU De Minimis Safe Harbor

On June 25, 2014, the European Commission (Commission) adopted revised rules on agreements of minor importance which do not appreciably restrict competition (the so-called “De Minimis Notice”) and providing a safe harbor from...more

8/7/2014 - De Minimus Quantity Exemption EU European Commission Safe Harbors TFEU

District Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers

A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act. We...more

6/27/2014 - Administrative Procedure Act Filing Requirements FTC Hart-Scott-Rodino Act Patents Pharmaceutical Industry Pharmaceutical Patents PHRMA Reporting Requirements

Hart-Scott-Rodino Thresholds to Increase Further Due to Annual Indexing

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 23, 2014. The thresholds are adjusted annually based upon changes in...more

1/27/2014 - FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements

New FTC Rules for Exclusive Pharmaceutical Patent Licenses

The Federal Trade Commission (FTC) has issued final rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) relating to the transfer of exclusive patent rights in the pharmaceutical industry. These new...more

11/21/2013 - Acquisitions FTC Hart-Scott-Rodino Act Licenses Patents Pharmaceutical Industry The Clayton Act

Supreme Court Game-Changer: Rule of Reason Applies to ANDA Reverse Payment Settlements

In Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 U.S. LEXIS 4545 (U.S. June 17, 2013), the U.S. Supreme Court reversed the Eleventh Circuit decision in FTC v. Watson Pharmaceuticals, Inc., 677 F.3d 1298 (2012),...more

6/19/2013 - Actavis Inc. ANDA FTC FTC v Actavis Generic Drugs Patents Pay-For-Delay Pharmaceutical Industry Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the...more

2/20/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hart-Scott-Rodino Act Hospital Mergers Hospitals Inc. SCOTUS State Action Doctrine

Hart-Scott-Rodino Thresholds to Rise Further Due to Annual Indexing

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 11, 2013. The thresholds are adjusted annually based on changes in...more

1/15/2013 - FTC Hart-Scott-Rodino Act Size of Persons Test Size of Transaction Test Threshold Requirements

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