Helen Kim

Helen Kim

Mintz Levin

Contact  |  View Bio  |  RSS

Latest Publications

Share:

West Virginia AG Clears Merger Creating Second Largest Hospital Chain in the State with Conduct Remedy

The federal antitrust enforcement agencies have trumpeted their preferences for structural, as opposed to conduct, remedies as the solution to potentially anticompetitive mergers. In contrast, State Attorneys General have...more

8/3/2015 - Anticompetitive Agreements Antitrust Provisions Attorney Generals FTC Healthcare Providers Hospital Mergers Non-Compete Agreements Physicians Sherman Act

DOJ Sues Four Michigan Hospitals for Secret Agreements Not to Compete

Late last week, the United States Department of Justice (DOJ) and the Michigan Attorney General (AG) filed suit against four southern Michigan hospitals, alleging that they secretly agreed not to compete with each other in...more

6/30/2015 - Anticompetitive Agreements DOJ Enforcement Enforcement Actions Hospitals Marketing Sherman Act

FTC Flushes McWane in a Big Eleventh Circuit Exclusive Dealing Win

The situations where exclusive dealing policies, explicit or tied to an aggressive discounting program, cross the line under the rule-of-reason remain far from clear. Because it involved appellate review of a Federal Trade...more

4/23/2015 - Appeals Distributors Exclusive Dealing Agreements FTC Manufacturers Monopolization

FTC Settles Radioactive Allegations Against Cardinal Health with a Near Record-Breaking Disgorgement Agreement

In a 3-2 decision, as part of its aggressive antitrust enforcement in health care industries, the Federal Trade Commission (FTC or the Commission) announced that Cardinal Health, Inc. (Cardinal) agreed to pay $26.8 million to...more

4/22/2015 - Antitrust Litigation Cardinal Health Disgorgement Enforcement Actions FTC Healthcare Healthcare Providers Pharmaceutical Pharmaceutical Manufacturers Price Manipulation

No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more

2/27/2015 - Anti-Competitive Antitrust Litigation Dentists FTC Governmental Immunity Immunity NC Board of Dental Examiners v FTC SCOTUS State Action Immunity

FTC Announces Annual Revision to HSR Jurisdictional Thresholds

The Federal Trade Commission (FTC) announced on January 15, 2015 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/16/2015 - FTC Hart-Scott-Rodino Act Premerger Notifications Threshhold Requirements

Tenth Circuit Affirms Class Certification and Price Fixing Verdict Against Dow Chemical

The Tenth Circuit recently affirmed both class certification and one of the largest verdicts issued in the U.S. this year, denying Dow Chemical Company’s (“Dow”) appeal in a price fixing case related to polyurethane products....more

10/7/2014 - Antitrust Litigation Class Action Class Certification Dow Chemical Price-Fixing

The Evolution of Efficiencies and Treatment of Quality of Care Defenses in Light of Changing Health Care Industry Dynamics

The consolidation of health care markets and the impact of this consolidation on prices, costs, and quality, has been a hotly debated topic in the health care industry. Hospitals across the country are merging and acquiring...more

10/3/2014 - ACOs Affordable Care Act Health Care Providers Healthcare Hospital Mergers Hospitals Physicians Quality of Care Standards

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more

7/23/2014

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and...more

7/8/2014 - Antitrust Litigation CPSC Policies and Procedures

Antitrust and Health Care: An Update from the Federal Trade Commission

The interplay between the Affordable Care Act (ACA), Accountable Care Organizations (ACOs), and antitrust has been a matter of great moment for several years. It has been an issue in litigation such as the Federal Trade...more

6/26/2014 - ACOs Affordable Care Act Antitrust Litigation Antitrust Provisions FTC Healthcare Healthcare Reform St. Luke's

Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?

In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits....more

6/18/2014 - Antitrust Conspiracies Liability Professional Liability Tort Trade Associations

DOJ Revisits Music Royalty Consent Decrees

From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to a system that has been...more

6/7/2014 - Antitrust Division ASCAP BMI Consent Decrees Copyright Digital Assets DOJ Licensing Rights Music Industry Pandora Popular Public Performance Rights Publishing Copyrights Royalties Sound Recording Copyrights

Federal Trade Commission Extends In re Polygram’s “Inherently Suspect” Anticompetitive Analysis to Endorsements

The Federal Trade Commission’s (“FTC”) recent settlement with ski manufacturers Marker Volkl (International) GmbH (“Marker Volkl”) and Tecnica S.p.A. (“Tecnica”) continues to expand the scope of “inherently suspect” business...more

5/29/2014 - DOJ Enforcement Actions FTC Manufacturers Settlement Unfair or Deceptive Trade Practices

Antitrust Hospital Merger Policy Gets a Judicial Boost — Sixth Circuit Upholds FTC Decision Challenging Hospital Merger

In a highly anticipated decision, the federal antitrust agencies’ reinvigorated hospital merger enforcement efforts received a boost when, for the first time this century, an appellate court upheld a Federal Trade Commission...more

4/24/2014 - FTC Hospitals Mergers

Is 4-3 the New 3-2? FTC Continues to Target Pharmaceutical Mergers

The Federal Trade Commission (“FTC” or “Commission”) has often stated that merger analysis requires more than a simplistic determination that high market concentration leads to anticompetitive effects. Still, the antitrust...more

4/17/2014 - Anti-Competitive Antitrust Litigation FTC Mergers Pharmaceutical

FTC Check-Up on Health Care Trends Reveals New Competitive Wrinkles - Highlights from the FTC Workshop “Examining Health Care...

The Federal Trade Commission (FTC or Commission) recently hosted a workshop exploring trends and innovation in the health care industry that may affect competition, marking at least 10 years since the antitrust agencies...more

3/28/2014 - Competition FTC Healthcare

FTC Announces Annual HSR Thresholds Revision

The Federal Trade Commission (FTC) announced on January 17, 2014 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/20/2014 - Filing Deadlines Filing Fees FTC Hart-Scott-Rodino Act

Is There a Maverick in the House? The FTC’s Resolution of the Fidelity National Financial – Lender Processing Services Deal ...

Under the antitrust merger guidelines, a maverick is a firm “that plays a disruptive role in the market to the benefit of customers.” In Washington political circles, a maverick often refers to a politician that does not hew...more

1/8/2014 - Compliance Enforcement Actions Fidelity Bank FTC Lenders Mergers

What a Difference 16 Years Can Make: FTC Approves Merger Between Office Superstore Giants Office Depot and OfficeMax

In 1997, most people thought of Amazon.com as mainly an online bookseller, you couldn't buy groceries at Wal-Mart or Target, and if you wanted floppy disks, VHS tapes, or a fax machine, you drove to your local Staples,...more

11/6/2013 - Antitrust Litigation Enforcement Actions FTC Mergers

A Book on Books: SDNY Issues 160-Page Opinion Declaring that Apple Violated Section 1 of the Sherman Act by Conspiring to Raise...

On July 10, 2013, 15 months after the Department of Justice (DOJ) filed its suit against Apple Inc. (Apple) and five major publishers for allegedly conspiring to raise e-book prices and end e-book retailers’ freedom to...more

7/16/2013 - Apple Conspiracies e-Books Price-Fixing Publishers Sherman Act

DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement by Antitrust...

On January 31, 2013, the Antitrust Division of the Department of Justice (“DOJ”) filed its first lawsuit challenging a merger under newly sworn-in Assistant Attorney General, William J. Baer. Both the facts and circumstances...more

2/5/2013 - Anheuser-Busch DOJ Enforcement Mergers

FTC Announces Annual HSR Thresholds Adjustments

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

23 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×