Jonathan Lewis

Jonathan Lewis

BakerHostetler

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Dollar General—“Setting the Record Straight” on Antitrust for Family Dollar

Unless you have been in the middle of a bidding war where antitrust concerns are front and center, what is playing out between Dollar General and Family Dollar is probably unfamiliar to you, as it is rarely seen outside of...more

9/5/2014 - Antitrust Litigation Dollar General FTC

Buckle Up—Unwinding Phoebe Putney’s Acquisition of Palmyra Down in Georgia May End Up Being Back on the Table

Almost one year ago, Federal Trade Commission (FTC) agreed to settle its antitrust challenge of Phoebe Putney Health System’s (Phoebe Putney) acquisition of Palmyra Medical Center (Palmyra) without requiring divesture or any...more

7/22/2014 - Antitrust Litigation Consent Agreements Divestiture FTC FTC v. Phoebe Putney Health System Hospital Mergers Hospitals Palmyra

What the WTP? The Rise of Merger Simulation in Hospital Transactions

If you are a health system or hospital thinking about a potential transaction and your lawyers haven’t spoken with you about hospital merger simulation, then maybe you should be talking with someone else. What is...more

5/28/2014 - FTC Healthcare Hospital Mergers Hospitals MCOs Mergers

What the WTP?

If you are a health system or hospital thinking about a potential transaction and your lawyers have not spoken with you about hospital merger simulation, maybe you should be talking with someone else. What is hospital...more

5/21/2014 - FTC Healthcare Healthcare Facilities Hospital Mergers Hospitals Mergers

To Report, or Not to Report, Your Non-Reportable Transaction Is the Question

Just because a proposed transaction does not have to be reported in advance to the Department of Justice (“DOJ”) or the Federal Trade Commission (“FTC”) because it falls below the Hart-Scott-Rodino (“HSR”) Act size of...more

5/2/2014 - DOJ FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements Reporting Requirements

So, You Want to Share Your Technical Cyber Threat Information with Your Neighbors?

Echoing guidance previously given to a nonprofit organization looking to exchange certain cybersecurity information, including exchanging actual real-time cyber threat and attack information, and others planning to exchange...more

4/21/2014 - Antitrust Provisions Cybersecurity DOJ FTC Information Sharing

Sometimes Merger Fixes Are as Close as the End of Your Nose

When it comes to negotiating merger remedies with federal antitrust enforcement agencies, the Department of Justice and the Federal Trade Commission each have guides or statements that may help. But as good as their guidance...more

4/16/2014 - Antitrust Provisions DOJ FTC Mergers Negotiations

Pharmaceutical Association Calls Out FTC in Filing Seeking to Enjoin New Rule Targeting the Industry

Last November, the Federal Trade Commission (“FTC”) with the “concurrence” of the Antitrust Division of the Justice Department, and over the strenuous objection of Pharmaceutical Research and Manufacturers of America...more

2/13/2014 - Antitrust Litigation DOJ FTC Hart-Scott-Rodino Act Pharmaceutical Pre-Merger Filing Requirements The Clayton Act

FTC Victory in Idaho Hospital-Physician Acquisition Case Should be a Wake-Up Call for Future and Past Deals

The ink is still drying on the Idaho federal district court’s order requiring St. Luke’s Health System (“St. Luke’s”) to unwind its acquisition of Saltzer Medical Group (“Saltzer”) – a for-profit, physician-owned,...more

1/28/2014 - Acquisitions Edith Ramirez FTC Healthcare Healthcare Costs Healthcare Facilities Hospital Mergers Hospitals Physician Hospital Organizations Physician Ownership Transactional Attorneys

Give It Back! Disgorgement – Another FTC Arrow against Reverse-Payment Settlements that Delay Generic Entry

If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from...more

12/3/2013 - Disgorgement FTC Generic Patent Litigation Patents Reverse Payment Settlement Agreements

Could an Idaho Healthcare Merger Impact Other Mergers, Including the American/US Airways Merger?

With the trial over, post-trial briefs due November 1, and closing arguments scheduled for November 7, a lot more is at stake than whether St. Luke’s Health System (“St. Luke’s”) can keep Saltzer Medical Group (“Saltzer”) – a...more

10/24/2013 - American Airlines FTC Healthcare Hospital Mergers US Airways

Provider Healthcare Merger Retrospective on the Horizon at FTC - Again?

With the first week in the Federal Trade Commission's (FTC) and Idaho attorney general's antitrust trial challenging St. Luke's Health System's (St. Luke's) acquisition of the Saltzer Medical Group (Saltzer), a for-profit,...more

10/9/2013 - Competition Edith Ramirez FTC Healthcare Hospitals Physicians

US Airways and American Airlines Have a Potential Friend in FTC Commissioner Wright

In their answer to the government’s complaint challenging their proposed merger, US Airways and American Airlines (the “Airlines”) tout the “immense benefits to the traveling public” that the combined “US Airways and American...more

9/30/2013 - American Airlines Aviation Industry FTC Mergers US Airways

Game Over — "Unique Circumstances" End FTC Challenge to Phoebe Putney Acquisition

After running the table in the Supreme Court with a unanimous decision and then convincing a district court judge in Georgia to halt further consolidation of Phoebe Putney Health System (Phoebe Putney) and Palmyra Medical...more

9/25/2013 - Acquisitions Divestiture FTC FTC v. Phoebe Putney Health System Remedial Actions

Fix My Merger – Lessons from FTC Bureau Director Feinstein on the Use of Consent Orders to Remedy Anticompetitive Mergers

In her first speech since becoming Director of the Federal Trade Commission’s Bureau of Competition, Deborah Feinstein highlighted five benefits arising from addressing antitrust violations through consent orders and...more

9/18/2013 - Anticompetitive Agreements Antitrust Litigation Consent Order DOJ FTC Mergers Policy Violations

FTC Investigations of Technology Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, a FTC attorney advisor who reviewed non-public information on decisions to investigate proposed...more

9/11/2013 - Antitrust Investigations Compliance FTC Hart-Scott-Rodino Act Investigations

“Highly Unusual” Circumstances End FTC Challenge to Phoebe Putney Acquisition

After running the table in the Supreme Court with a unanimous decision, which we covered, and then convincing a district court judge in Georgia to halt further consolidation of Phoebe Putney Health System (“Phoebe Putney”)...more

8/30/2013 - Acquisitions Antitrust Litigation FTC FTC v. Phoebe Putney Health System SCOTUS

FTC Investigations of Pharma and Medical Device Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal titled “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the...more

8/19/2013 - Compliance FTC Hart-Scott-Rodino Act Investigations Medical Devices Pharmaceutical

FTC Investigations of Provider Healthcare Transactions: Am I at Risk?

A recent article published in the Antitrust Law Journal titled "A Survey of Evidence Leading to Second Requests at the FTC," by Darren S. Tucker, an attorney advisor to an FTC commissioner who reviewed nonpublic information...more

8/9/2013 - Competition Evidence FTC Hart-Scott-Rodino Act Healthcare Investigations

FTC Investigations of Energy and Chemical Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the decisions...more

8/6/2013 - Chemicals DOJ Employer Liability Issues Energy FTC Hart-Scott-Rodino Act

Will the FTC Investigate My Provider Healthcare Transaction?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the decisions...more

7/31/2013 - FTC Hospital Mergers Mergers

Are Consummated Hospital and Physician Mergers Now in the FTC’s Crosshairs?

Speaking at an American Bar Association symposium titled “Retrospective Analysis of Agency Determinations in Merger Transactions,” Federal Trade Commission (“FTC”) Chairwoman, Edith Ramirez, highlighted the FTC’s successful...more

7/10/2013 - ABA Acquisitions FTC Healthcare Professionals Healthcare Reform Hospital Mergers Investigations Mergers Physicians

FTC Again Confirms That Antitrust Law Encourages ACO Formation

Once again, the staff of the Federal Trade Commission (FTC) has rebutted calls by physician groups that state legislation is needed to allow independent physicians to collaborate....more

6/20/2013 - ACOs Affordable Care Act Competition DOJ FTC Physicians

Supreme Court Rules That “Pay for Delay” Generic Drug Patent Settlements Are Not Shielded From Antitrust Liability

The Supreme Court has held that the antitrust laws may forbid patent settlements that delay the market entry of generic drugs in return for large payments from manufacturers of competing branded drugs....more

6/18/2013 - FTC Generic Drugs Hatch-Waxman Manufacturers Patents Pay-For-Delay Prescription Drugs Reverse Payment Settlement Agreements SCOTUS Settlement

FTC: Dentists Not Shielded From Teeth-Whitening Competition

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners (Board) failed to convince the U.S. Court of Appeals for the Fourth...more

6/17/2013 - Competition Dentists FTC Sherman Act State Action Doctrine

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