Barbara Sicalides

Pepper Hamilton LLP

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Antitrust Division Threatens Criminal Prosecution for Employment Practices: Antitrust Agencies Issue Joint Guidance on Employment...

Even in the absence of an agreement to fix compensation, simply exchanging competitively sensitive information could serve as evidence of an implicit illegal agreement. On October 20, the Department of Justice (DOJ) and...more

11/9/2016 - DOJ Employer Liability Issues Employment Contract FTC Hiring & Firing Human Resources Professionals Job Applicants No-Poaching Non-Compete Agreements Non-Solicitation Agreements Pre-Employment Agreements Restrictive Covenants Wage-Fixing

When Classes Collide: Court Rejects $7.25 Billion Visa/MasterCard Settlement, Competition News Volume 2016, Issue 1

The Second Circuit’s decision highlights that, whenever there are groups of plaintiffs that will obtain different categories of relief as a part of a settlement, both plaintiffs and defense counsel should seriously consider...more

11/9/2016 - Anti-Competitive Banking Sector Banks Class Action Credit Cards Due Process Interchange Fees MasterCard Merchants Rule 23(b)(2) Rule 23(b)(3) Settlement Sherman Act Visa Inc

FTC's Winning Streak Restored: Seventh Circuit Reverses Denial of Preliminary Injunction in Chicago Hospital Merger, Competition...

Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more

11/9/2016 - Antitrust Provisions Competition FTC Geographic Markets Health Care Providers Healthcare Hospital Mergers Hospitals Merger Agreements Preliminary Injunctions

The End of the Road for Hershey Medical Center's Merger: Parties Abandon Transaction After Third Circuit Rules That Hospital...

The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007. The U.S. Court of Appeals for the...more

10/18/2016 - Antitrust Provisions Competition FTC Geographic Markets Health Care Providers Healthcare Hospital Mergers Hospitals Hypothetical Monopolist Test Merger Agreements Preliminary Injunctions

[Webinar] How to Navigate the Antitrust Cartel Labyrinth - October 27th, 12:00p.m. EDT

Antitrust class action price-fixing claims are among the most costly corporate litigation your company or client can face. In many cases, plaintiffs seek to plead and prove the alleged cartel through alleged indirect...more

10/12/2016 - ACPERA Antitrust Litigation Antitrust Violations Cartels Class Action Continuing Legal Education Evidence Price-Fixing Risk Mitigation Webinars

A Sweet Win for Hershey Medical Center's Proposed Merger: District Court Denies FTC's Attempt to Block Pennsylvania Hospital...

The district court’s decision may mark a turning point away from purely formulaic reliance on the FTC’s preferred approach and the testimony of self-interested payers....more

5/17/2016 - Antitrust Provisions FTC Health Care Providers Hospital Mergers Hospitals Restraining Orders

Some Useful Insights from Steris-Synergy Merger Case

The Federal Trade Commission suffered a rare loss when, on Sept. 24, the U.S. District Court for the Northern District of Ohio denied its request for a preliminary injunction, despite having accepted the FTC’s “actual...more

10/8/2015 - Burden of Proof Due Diligence FTC Healthcare Horizontal Mergers Life Sciences Medical Devices Preliminary Injunctions Technology Sector

Federal Judge in Ohio Accepts Future Competition Theory: Parties Should Proceed with Caution in Deals to Acquire Potential...

The court’s decision in FTC v. Steris demonstrates the importance of conducting a thorough antitrust analysis of all aspects of a merger or acquisition from every possible angle, including likely future competition. On...more

9/9/2015 - Acquisition Agreements FDA FTC Healthcare Horizontal Mergers Medical Devices Preliminary Injunctions The Clayton Act

Applicability of 'Investment Purpose' Exemption to HSR Reportability Focuses on Intent of Equity Purchasers

If a purchaser’s goals shift to include influence on the business management or board composition of the target issuer, an HSR filing must be considered. The Federal Trade Commission (FTC or Commission) has once again...more

9/9/2015 - DOJ Equity Investors Filing Requirements Financial Institutions Financial Markets FTC Hart-Scott-Rodino Act Nasdaq Proxy Voting Guidelines Stocks Third Point Voting Securities Yahoo!

FTC Issues First Formal Policy on Section 5's Unfair Competition Authority

Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community. On August 13, the Federal Trade Commission (FTC) issued...more

8/18/2015 - FTC SCOTUS Section 5 Sherman Act The Clayton Act Unfair Competition

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more

12/24/2014 - Appeals Cartels Foreign Subsidiaries FTAIA Manufacturers Motorola Multidistrict Litigation Price-Fixing Sherman Act Supply Chain

A Cautionary Tale on Gun-Jumping: The Antitrust Division Expands its Use of Disgorgement in Enforcement of Civil Antitrust

The success of a merger or acquisition often largely depends on pre-closing planning and the rapid integration of the merged entities or acquired assets. In any transaction, the need for planning and speed create certain...more

11/12/2014 - Antitrust Litigation Antitrust Provisions Corporate Counsel Disgorgement Enforcement Enforcement Actions Hart-Scott-Rodino Act

DOJ, Antitrust Division Speaks Out On Non-Reportable Transactions

On April 25, Deputy Assistant Attorney General of Civil Enforcement Leslie Overton gave a speech focused entirely on the Antitrust Division’s enforcement activities related to transactions that do not trigger a filing under...more

4/30/2014 - Antitrust Investigations DOJ Enforcement Actions FTC Hart-Scott-Rodino Act

FTC Finalizes Amendments To HSR Rules Regarding Transfer Of Exclusive Patent Rights In The Pharmaceutical Industry

The Federal Trade Commission (FTC) has finalized certain amendments to the Hart-Scott-Rodino (HSR) premerger notification regulations clarifying the scope of reportable transactions involving transfers of patent rights in the...more

11/14/2013 - FTC Hart-Scott-Rodino Act Licenses Manufacturers Patents Pharmaceutical Industry

Court Finds That Apple’s E-Book Market Entry Plan Violates The Sherman Act

After a three-week bench trial, the court has ruled that Apple violated Section 1 of the Sherman Act....more

8/6/2013 - Apple e-Books Price-Fixing Publishers Sherman Act Trials

Beware And Be Smart: California Remains A Danger Zone For Resale Price Restrictions

Most recently, the U.S. District Court of the Central District of California denied a retailer’s motion to dismiss vertical price fixing claims filed under the state’s Cartwright Act and Unfair Competition Law....more

8/6/2013 - Cartwright Act Motion to Dismiss Price-Fixing Resales Agreements Retail Market Unfair Competition Vertical Restraints

Class Arbitration Contractual Waivers Are Valid And Enforceable Even When Plaintiff’s Recovery Is Outweighed By Individual...

On June 20, 2013, the United States Supreme Court, in a 5-3 opinion in American Express Co. v. Italian Colors Restaurant, 2013 U.S. LEXIS 4700 (June 20, 2013), dealt yet another blow to antitrust plaintiffs’ ability to seek...more

6/24/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers SCOTUS

Class Actions: A Tougher Row To Hoe

On March 27, the United States Supreme Court, in a 5-4 opinion, further heightened plaintiffs’ burden in seeking class certification. The Court held that, under Rule 23, plaintiffs must “‘tie each theory of antitrust impact’...more

3/29/2013 - Cable Television Providers Class Action Class Certification Comcast Comcast v. Behrend SCOTUS

Just How Much Integration Is Enough: FTC Advisory Opinion Finally Provides Guidance For Competitors Seeking To Collaborate Or...

The Federal Trade Commission (FTC) recently issued its first advisory opinion addressing clinical integration programs since the enactment of the Affordable Care Act (ACA). Without a doubt the advisory opinion is useful for...more

3/7/2013 - Affordable Care Act Blue Cross Blue Shield Clinically Integrated Networks (CINs) Competition FTC Hospitals Insurance Industry Norman PHO Physicians

Eaton Looks To U.S. Supreme Court For Help After Third Circuit Upholds

On February 25, 2013, Eaton Corporation (Eaton) filed a petition for certiorari to the United States Supreme Court seeking to reverse a jury verdict finding Eaton liable for illegal monopolization. In late 1999/early 2000,...more

3/7/2013 - Jury Verdicts Monopolization SCOTUS Sherman Act Supply Agreements The Clayton Act

A Cure For Antitrust Standing?

Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...more

3/7/2013 - Antitrust Litigation FDA Patents Pharmaceutical Industry Pharmaceutical Patents Standing

Will FTC Chairman Leibowitz’s Departure Change The Enforcement Landscape?

After three years at the helm of the Federal Trade Commission (FTC), Chairman Jon Leibowitz stepped down. Without a doubt Chairman Leibowitz has been a visible and relentless advocate for restricting pay-for-day or reverse...more

3/7/2013 - Edith Ramirez FRAND FTC Generic Drugs Google Pharmaceutical Patents Reverse Payment Settlement Agreements Watson Pharmaceuticals

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