Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal...more
4/8/2013 - Competition Confidentiality Agreements FTC Hart-Scott-Rodino Act Non-Compete Agreements Notice Requirements
On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from antitrust scrutiny over a proposed hospital merger where the anticompetitive...more
2/22/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Hospital Mergers Hospitals Monopolization SCOTUS
The Federal Trade Commission (FTC) announced on January 10, 2013 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more
1/15/2013 - Exemptions Filing Fees FTC Hart-Scott-Rodino Act Notifications Pre-Merger Filing Requirements
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