John Ingrassia

John Ingrassia

Proskauer Rose LLP

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One-Two Punch on Hospital Challenges: Is the FTC Down for the Count?

There was a time not long ago when the odds of beating the Federal Trade Commission on a hospital merger antitrust challenge were slim. Two recent defeats, however, may change that some. Late last year, the FTC, in quick...more

6/24/2016 - Antitrust Litigation FTC Healthcare Costs Hospital Mergers Hospitals Injunctive Relief Market Power

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

4/20/2016 - American Bar Association (ABA) Anti-Competitive Antitrust Litigation Baker Hughes Criminal Penalties Divestiture DOJ Enforcement Actions Forex FTC FTC v Actavis FTC v. Phoebe Putney Health System Halliburton Libor Mergers NC Board of Dental Examiners v FTC REMS SCOTUS The Clayton Act Yates Memorandum

When Passive Investors Take a Stand – HSR Act Enforcement Put to the Test

Enforcement actions for violations of the Hart-Scott-Rodino Act (HSR) often are announced with substantial money penalties or other restrictions agreed in advance between the agency and the parties. Not so with the Department...more

4/14/2016 - DOJ Enforcement Actions FTC Halliburton Hart-Scott-Rodino Act Injunctions Investment Management Investment-Only Exemption Mergers Pre-Merger Filing Requirements SEC Yahoo!

FTC Announces 2016 Thresholds Under HSR Act and Clayton Act

Primary merger filing threshold raised from $76.3 million to $78.2 million - Last week, the FTC announced revisions to HSR Act and Clayton Act Section 8 thresholds, which it revises each January to account for inflation...more

1/27/2016 - Board of Directors Filing Fees FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements Size of Persons Test Size of Transaction Test The Clayton Act

2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds

Proskauer has released the 2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds. The 88-page report is a summary of significant legal changes and developments in the private funds space...more

11/25/2015 - China Cybersecurity EU Gift Tax Hedge Funds Hong Kong Internships Popular Private Equity Private Funds Registered Investment Advisors SEC UK Volcker Rule Whistleblowers

The FTC's First Loss in Nearly Half a Decade, Illuminating the Difficulties of Prediction and the Merits of Litigating It

"Prophesy is a good line of business, but it is full of risks." Mark Twain could have been speaking about the FTC's recent challenge to a merger between the second- and third-largest sterilization companies in the world,...more

10/15/2015 - Anti-Competitive Competition FTC Innovation Preliminary Injunctions

HSR Enforcement Continues Swiftly: $240K Settlement Announced with FTC for Failure to File

On the heels of the FTC's recent HSR passive investor exemption enforcement action comes another reminder that HSR compliance is not always clear, and that it is not always easy. The Federal Trade Commission has announced a...more

10/2/2015 - Broker-Dealer Civil Monetary Penalty Conversion Corrective Actions Exemptions Failure-to-File FTC Hart-Scott-Rodino Act Institutional Investors Notice Requirements Statutory Waiting Period

Passive Means Passive! Missed HSR Filing Spurs Antitrust Enforcers' Ire - But Change May Be Coming

The Federal Trade Commission, in its latest enforcement action relating to Hart-Scott-Rodino Act compliance, reminds investors that strict adherence to HSR filing requirements is a must, but also may have signaled that a long...more

9/3/2015 - Board of Directors Competition Compliance DOJ Enforcement Actions Filing Requirements FTC Hart-Scott-Rodino Act Investment-Only Exemption The Clayton Act Third Point Yahoo!

Expanded HSR Antitrust Reporting for Pharma Licensing Deals Is Here to Stay

On June 9, 2015, the U.S. Court of Appeals for the D.C. Circuit, in its ruling in Pharm. Research & Mfrs. of Am. v. FTC, upheld the FTC's expansion of HSR reporting requirements for pharmaceutical companies, and solidified...more

6/24/2015 - Appeals Disclosure Requirements FTC Hart-Scott-Rodino Act Licensing Rights Pharmaceutical Industry Reporting Requirements

Supreme Court Preserves States' Power to Protect Consumers But in the Process Blurs Federal Preemption Analysis

The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more

4/29/2015 - Anti-Competitive Antitrust Litigation Antitrust Provisions Natural Gas Act ONEOK v Learjet Preemption Price-Fixing SCOTUS Supremacy Clause

Four Takeaways from the ABA Antitrust Section’s 2015 Spring Meeting

This year's 63rd ABA Section of Antitrust Law Spring Meeting featured extensive remarks from antitrust regulators forewarning of more vigorous antitrust enforcement in 2015. The Proskauer antitrust team was on the ground and...more

4/24/2015 - American Bar Association (ABA) Antitrust Provisions DOJ FTC Professional Conferences Strategic Enforcement Plan

Ninth Circuit Sides with FTC; Affirms Ruling That Idaho Health Care Merger Was Unlawful

In a closely-watched post-merger challenge, the Ninth Circuit this week sided with the FTC and affirmed an Idaho federal court's determination that the 2012 merger of two health care providers in the same city violated...more

2/12/2015 - Antitrust Litigation Corporate Counsel Divestiture FTC Healthcare Hospital Mergers Hospitals The Clayton Act

DOJ Provides New Guidance on Required Licensing of Essential Patents in Standard-Setting

DOJ recently concluded that a standard-setting organization's proposal to update its policy regarding patents underlying its standards was pro-competitive. DOJ's analysis of the association's process and legal structure...more

2/9/2015 - Antitrust Division DOJ IEEE Patents Standard Essential Patents

Time for an antitrust checkup: FTC announces 2015 thresholds under HSR Act and Clayton Act

January is a good time to take stock of compliance programs and set aside dated opinions and guidance to avoid relying on old rules, and antitrust is no exception to that. Because the FTC announces revisions to HSR Act and...more

1/29/2015 - Antitrust Provisions Chief Compliance Officers FTC Hart-Scott-Rodino Act Internal Controls The Clayton Act

Five Million Dollar Penalty is Stark Reminder About "Gun Jumping"

On November 7, 2014, the Antitrust Division of the Department of Justice ("DOJ") announced that it had imposed a civil penalty of $3.8M and disgorgement of $1.15M in profits on Flakeboard America Limited (and its parent...more

11/19/2014 - Antitrust Provisions Civil Monetary Penalty Disgorgement DOJ Due Diligence Enforcement Actions Flakeboard America Gun-Jumping Hart-Scott-Rodino Act Settlement Sherman Act SierraPine Waiting Periods

Strong HSR Compliance Programs Remain a Necessity

Continued strong antitrust enforcement under the Hart-Scott-Rodino Act (HSR) reminds us that HSR compliance issues can arise in unexpected places. When Berkshire Hathaway Inc. acquired voting securities of Symetra Financial...more

8/28/2014 - Antitrust Litigation Berkshire Hathaway Compliance FTC Hart-Scott-Rodino Act Premerger Notifications

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the...more

2/11/2014 - Affordable Care Act FTC Healthcare Physicians

Federal Trade Commission Announces 2014 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking...

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a...more

1/22/2014 - Acquisitions FTC Hart-Scott-Rodino Act Interlocking Directorate Mergers The Clayton Act

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2013

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission...more

11/25/2013 - Actavis Inc. Anti-Competitive Antitrust Investigations Antitrust Litigation Competition FTC FTC v Actavis Pharmaceutical Industry Reverse Payment Settlement Agreements SCOTUS Settlement

"Re-Animator" or "Dead Man Walking"? FTC Says No to Zombie Deal Reviews – Formalizes Withdrawal and Refiling Procedure

Antitrust review under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR") is a fact of life that many dealmakers would happily do without. So, when a deal dies midstream few would opt to continue with the HSR...more

7/12/2013 - Antitrust Litigation Antitrust Provisions FTC Hart-Scott-Rodino Act Refiling Withdrawal

Federal Trade Commission Announces 2013 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking...

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a...more

1/15/2013 - FTC Hart-Scott-Rodino Act Size of Persons Test Size of Transaction Test The Clayton Act Threshold Requirements

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