Jeffrey W. Brennan

Jeffrey W. Brennan

McDermott Will & Emery

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FTC and DOJ Host Workshop Examining Health Care Competition - Updated 2015

The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider...more

3/3/2015 - ACOs Acquisitions Affordable Care Act Antitrust Division DOJ FTC Health Insurance Health Insurance Exchanges Healthcare Hospitals Mergers

Supreme Court: State Agencies Controlled by Active Market Participants Must Have Active State Supervision to Qualify for Antitrust...

In a 6–3 decision issued February 25, 2015, the Supreme Court of the United States held in North Carolina State Board of Dental Examiners v. Federal Trade Commission that if active market participants control an entity—even a...more

3/3/2015 - Antitrust Litigation Dentists FTC Immunity Licensing Rules Market Participants NC Board of Dental Examiners v FTC Restraint of Trade SCOTUS State Action Immunity State Agencies

Perspectives from the Federal Antitrust Enforcement Agencies

The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S....more

5/20/2014 - ABA Affordable Care Act Competition DOJ FTC Healthcare Healthcare Reform St. Luke's

FTC Hosts Public Workshop, “Examining Health Care Competition”

During the last several years, the Federal Trade Commission (FTC) has taken an active role in antitrust enforcement in the health care industry, particularly with respect to hospital and physician group acquisitions. Last...more

3/25/2014 - ACOs Competition EHR FTC Healthcare PHI

Final FTC Rules Will Generate More HSR Filings for Transfers of Pharmaceutical Patent Rights

The U.S. Federal Trade Commission (FTC) announced final changes to the Hart-Scott-Rodino (HSR) Act premerger notification rules that will broaden the circumstances under which parties must file premerger notifications in...more

11/7/2013 - FTC Hart-Scott-Rodino Act Patents Pharmaceutical Transfers

“Reverse Payment” Settlements Subject to Greater Antitrust Scrutiny: Implications of Supreme Court FTC v. Actavis Ruling

By rejecting the “scope of the patent” test and holding that reverse payment patent settlements “can sometimes violate the antitrust laws,” the Supreme Court of the United States subjects such settlements to greater antitrust...more

6/21/2013 - Actavis Inc. ANDA FTC FTC v Actavis Generic Drugs Patents Pay-For-Delay Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Supreme Court Hears Oral Argument in "Pay-for-Delay" Patent Settlement Antitrust Case

The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements...more

3/27/2013 - FTC Generic Drugs Infringement Patents Pay-For-Delay Pharmaceutical SCOTUS Settlement

Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability

The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only...more

2/21/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hospital Mergers SCOTUS State Action Doctrine

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

12/28/2012 - America Invents Act Claim Construction Competition Copyright Infringement ITC Obviousness Patent Assertion Entities Patent Reform Patents Pay-For-Delay Permanent Injunctions Preliminary Injunctions Reissue Patents Restitution Trade Secrets Trademarks Walker Process Claims

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more

12/11/2012 - FTC Patents Pay-For-Delay Pharmaceutical Reverse Payment Settlement Agreements Split of Authority

U.S. Supreme Court Hears Oral Argument in Phoebe Putney Hospital Merger Challenge

In oral argument in FTC v. Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the...more

11/28/2012

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