In response to the global COVID-19 pandemic, the competition law enforcement agencies are implementing policies and procedures aimed at operational continuity while reducing the risk of the spread of the virus among their...more
The U.S. Federal Trade Commission announced the annual changes to the thresholds contained in section 7A (Hart-Scott-Rodino) and section 8 of the Clayton Act (15 U.S.C. §§ 18a, 19) (Interlocking Directors). The new HSR...more
1/29/2020
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Popular ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On July 11, the U.S. Department of Justice rolled out a new policy to encourage stronger corporate antitrust compliance efforts. Announced by DOJ Antitrust Division head Makan Delrahim in remarks at the New York University...more
7/18/2019
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
Compliance Management Systems ,
Corporate Culture ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Leniency Programs ,
Regulatory Reform ,
Rulemaking Process ,
White Collar Crimes
The U.S. Federal Trade Commission (FTC) convinced a California federal district court not only that Qualcomm’s longstanding intellectual property licensing practices and volume-based discounts violated the antitrust laws, but...more
6/7/2019
/ 5G Network ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FRAND ,
Injunctive Relief ,
Intellectual Property Protection ,
IP License ,
Popular ,
Qualcomm ,
Standard Essential Patents
On June 25, the U.S. Supreme Court ruled that American Express’s contractual “antisteering provisions” did not violate section 1 of the Sherman Act....more
6/28/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS
Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more
The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007.
The U.S. Court of Appeals for the...more
10/18/2016
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Geographic Markets ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Hospitals ,
Hypothetical Monopolist Test ,
Merger Agreements ,
Preliminary Injunctions
The district court’s decision may mark a turning point away from purely formulaic reliance on the FTC’s preferred approach and the testimony of self-interested payers....more