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The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict...more

[Webinar] Federal Trade Commission - Antitrust Investigations - What You Should Know - October 16th, 1:00 pm ET

BakerHostetler invites you to join us for an upcoming webinar, Federal Trade Commission - Antitrust Investigations - What You Should Know, offering vital insights into antitrust issues and investigations. Topics: • The...more

Vertical Merger Review Debate Continues With Antitrust Enforcers

Since at least 2017, when the U.S. Department of Justice (DOJ) sued to block a vertical merger, the business press has been atwitter about the antitrust enforcement agencies’ views of such mergers....more

The Trump DOJ’s View on Merger Enforcement and Remedies Explained

President Trump’s head of the Department of Justice’s Antitrust Division, Makan Delrahim, recently explained that the division will cut back on behavioral commitments such as consent orders regulating conduct and will instead...more

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were...more

FTC Accepts Practical ‘Failing Firm’ Defense in Ending Challenge to Non-Reportable Transaction

The Federal Trade Commission’s recently announced proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group (SCMG) is doubly noteworthy. The settlement ends the challenge of a...more

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