E. John Steren

E. John Steren

Baker Donelson

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Latest Publications


Recent Enforcement Under Section 5 of the FTC Act: So That's What a Standalone Claim of Unfair Competition Looks Like

Last August, the Federal Trade Commission issued its Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (Statement), in an effort to provide clarity with respect to...more

3/31/2016 - Anti-Competitive Antitrust Violations Drug Testing FTC FTC Act Section 5 Sherman Act The Clayton Act Unfair or Deceptive Trade Practices

FTC Staff Provides Antitrust Guidance to State Medical Boards

Until recently, actions by state medical boards, operating pursuant to a state legislative mandate, were generally thought to be insulated from federal antitrust scrutiny by virtue of the state-action exemption. That changed,...more

3/28/2016 - Active Market Participants FTC NC Board of Dental Examiners v FTC New Guidance SCOTUS State Action Immunity State Medical Board Supervision

Federal Trade Commission Guidance Addresses Stand-alone Claims of Unfair Competition Under Section 5 of the FTC Act

Section 5 of the FTC Act, in effect since 1914, authorizes the FTC to pursue claims of unfair competition beyond the reach of both the Sherman and Clayton Acts. 15 U.S.C. § 45(a)(1). Until now however, the FTC has been...more

8/31/2015 - Antitrust Violations FTC FTC Act Section 5 Sherman Act Standalone Authority The Clayton Act Unfair Competition

Antitrust Enforcement Agencies Release Annual Report Summarizing 2014 Merger Enforcement Activity Under Hart-Scott-Rodino

The Hart-Scott-Rodino Antitrust Improvements Act (HSR) requires parties to a proposed acquisition of voting securities or assets meeting certain size threshold requirements to report the transaction to the Federal Trade...more

8/28/2015 - DOJ Enforcement Actions FTC Hart-Scott-Rodino Act Healthcare Facilities Hospital Mergers Mergers Threshold Requirements

Open Season on Provider-controlled Licensing Boards

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

4/13/2015 - Administrative Procedure Act Antitrust Litigation Dentists FTC Immunity Licensing Boards NC Board of Dental Examiners v FTC SCOTUS State Action Doctrine State Action Immunity

More Turns in the FTC's Antitrust Enforcement Action Against Phoebe Putney Hospital, Inc.

The FTC’s long-running campaign against Phoebe Putney Health System, Inc.’s acquisition of Palmyra Park Hospital, Inc., continues. In an unusual sequence of events, the Commission first conditionally accepted a Consent...more

10/24/2014 - Antitrust Litigation Certificate of Need Divestiture Enforcement FTC Healthcare Hospitals

FTC Defeats Another Hospital Merger

The Federal Trade Commission’s (FTC) recent streak of successfully challenging hospital mergers under section 7 of the Clayton Act (15 U.S.C. § 18) continues. On April 22, 2014, the United States Court of Appeals for the...more

5/13/2014 - FTC Healthcare Hospital Mergers Hospitals ProMedica The Clayton Act

FTC Formalizes HSR Withdraw and Refile Procedures

The Hart Scott Rodino Act (“HSR”) requires parties to certain mergers and acquisitions meeting specified size thresholds to file pre-merger notification and report forms with the Federal Trade Commission (“FTC”) and the...more

9/16/2013 - Antitrust Litigation DOJ FTC Hart-Scott-Rodino Act Healthcare Refiling Withdrawal

Price Fixing and Leveraging Concerns Alleviated by Promoted Efficiencies: More FTC Guidance on Clinical Integration

The Federal Trade Commission (FTC) has provided additional guidance, and comfort, to physicians seeking to clinically integrate for the purpose of, among other things, jointly negotiating payor contracts. This additional...more

4/24/2013 - Clinically Integrated Networks (CINs) FTC Norman PHO Payor Contracts Physicians Price-Fixing

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