Lee Simowitz

Lee Simowitz

BakerHostetler

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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

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

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 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

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

Most Favored Nation Clauses - State Ban Ends Antitrust Action Against Michigan Blues

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (MFN) clauses by insurers, health maintenance organizations and nonprofit healthcare corporations in contracts with...more

4/8/2013 - DOJ Healthcare Insurers Most-Favored Nations

Do Not Pass Go, Do Not Collect $200: Michigan Statute and Regulatory Order Banning MFN Provisions in Provider Contracts Ends...

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (“MFN”) clauses by insurers, health maintenance organizations, and nonprofit health care corporations in contracts...more

3/27/2013 - Competition DOJ Health Insurance Insurers Most-Favored Nations

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

The worst antitrust offenses involve conspiracies involving multiple actors. Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or bid-rigging, require...more

12/13/2012 - American Airlines Anticompetitive Agreements DOJ FTC Price-Fixing Sherman Act

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