Brian McCalmon

Brian McCalmon

K&L Gates LLP

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Ninth Circuit Court of Appeals Nixes Hospital System Acquisition of Physician Practice Group: Preserving Competition Trumps Better...

On February 10, 2015, the United States Court of Appeals for the Ninth Circuit (which covers Idaho, Montana, Oregon, Washington, California, Nevada, Alaska, Hawaii and Arizona) ordered St. Luke’s Health System, Ltd. (“St....more

3/3/2015 - Antitrust Litigation Antitrust Provisions Divestiture FTC Hospital Mergers Hospitals St. Luke's The Clayton Act

Hart-Scott-Rodino Thresholds to Increase

Beginning February 20, 2015, transactions valued at more than $76.3 million may require a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“the HSR Act”). This...more

1/30/2015 - Filing Fees Hart-Scott-Rodino Act Jurisdiction Pre-Merger Filing Requirements The Clayton Act Threshhold Requirements

The Apple Decision: Lessons Taken

On July 10, 2013, Judge Denise Cote of the United States District Court for the Southern District of New York ruled that Apple Inc. committed a per se illegal violation of Section 1 of the Sherman Act when it instigated and...more

7/24/2013 - Apple Conspiracies e-Books Fraud Price-Fixing Publishers Sherman Act

FTC Finalizes Rules on Withdrawing and Refiling HSRs

On Friday the Federal Trade Commission (“FTC”) codified its long-held policy of allowing the acquiring person in a transaction reported under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”) to...more

7/2/2013 - Acquisitions Antitrust Litigation FTC Hart-Scott-Rodino Act Mergers

Supreme Court Applies Rule of Reason in Antitrust Challenges to Reverse-Payment Patent Settlements

One of the most controversial antitrust issues for the pharmaceutical industry during the last decade has been the treatment of patent settlements in which a patent-holding branded manufacturer made payments to its generic...more

6/24/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Hatch-Waxman Patents Pharmaceutical Prescription Drugs Reverse Payment Settlement Agreements SCOTUS Settlement

Hart-Scott-Rodino Thresholds to Increase

Beginning February 11, 2013, transactions valued at more than $70.9 million may require a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“the HSR Act”). This...more

1/14/2013 - Acquisitions DOJ FTC Hart-Scott-Rodino Act Notice Requirements Threshhold Requirements

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