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FTC Supports Proposed PTO Rule Mandating Disclosure of Agreements Between Litigants in Disputes Before the Patent Trial and Appeal...

Introduction - On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S. Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all...more

Federal Agencies Seeking “Public” Reporting of Health Care Sector Anticompetitive Practices

On April 18, 2024, the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) collectively launched a new publicly accessible web portal to which members of...more

FTC Announces 2024 Hart-Scott-Rodino Threshold Increases

The Federal Trade Commission (FTC) announced its annual update to the Hart-Scott-Rodino (HSR) filing thresholds. The new thresholds will take effect 30 days after publication in the Federal Register and will remain in effect...more

Justice Department Withdraws Three Longstanding Health Care Antitrust Guidance Documents

In February, 2023, the Antitrust Division of the Department of Justice (“DOJ”) announced they are withdrawing three (3) antitrust policy statements – two of which date from the 1990s – which have been relied upon by...more

2023 Health Care Predictions

See below the Saul Ewing LLP Health Law Practice Group 2023 predictions from various members of our practice group! Our colleagues help interested parties in the health care delivery system with transactional, regulatory,...more

FTC Announces 2023 Threshold Increases

​The FTC has announced the annual updates to the Hart-Scott-Rodino (“HSR”) size thresholds, fees and the daily penalty for HSR violations. The updated thresholds and fees were published in the Federal Register on January 26,...more

Antitrust and the Interlocking Directorate Rules: What They Are and What To Do About Them

BACKGROUND: The Rule - What It Means and What It Prohibits - A somewhat little-known and obscure provision of U.S. antitrust law – Section 8 of the Clayton Act – makes it illegal in certain circumstances for the same person...more

Antitrust, Labor Markets and Non-Compete Restrictions: The Federal Trade Commission and Its Full-On Attack

​For about the last four years, the Federal Trade Commission (“FTC”) has been studying, investigating, holding various public workshops and soliciting input regarding the competition-related efficacy of non-compete...more

The Hospital Merger Altar: Proposed Unions Abandoned Within Days of the FTC Deciding Not to Forever Hold Its Peace

As we have just passed the half-way point of 2022, many health systems are thinking about acquisitions they would like to complete before the end of the calendar year. In addition to the necessary due diligence, contracting...more

2022 Health Care Predictions

​COVID-19 – and its variants Delta and Omicron – continue to wreak havoc around the world. Thousands of individuals have died and continue to die, and millions more have been diagnosed as having COVID-19. Many sectors of the...more

FTC Announces 2022 Hart-Scott-Rodino Threshold Increases

On January 24, the Federal Trade Commission (FTC) announced its annual update to the Hart-Scott-Rodino (HSR) filing thresholds. The new thresholds were published in the Federal Register on January 24 and will take effect 30...more

Executives Beware - Option Exercises Can Engender Massive HSR Fines

The Federal Trade Commission (FTC) recently fined the CEO of Capital One Financial Corp. $637,950 for completing the acquisition of Capital One voting securities via an option exercise without making a filing under the...more

Supreme Court Eliminates FTC’s Ability to Seek Restitution in Federal Court Actions Without First Using Its Administrative...

On April 22, 2021, the Supreme Court resolved a circuit split as to the Federal Trade Commission’s authority to seek restitution in a federal court action under the Federal Trade Commission Act (“Act”) without first obtaining...more

A Busy Week in Pennsylvania Hospital Markets: In Philly, the FTC Ends Its Jefferson-Einstein Merger Challenge and in Central PA,...

The U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”), in the span of about 48 hours in the first days of March, wrapped up two challenges to hospital deals – one dropped, the other settled (pending...more

2021 Health Care Predictions

One year ago – in early 2020 – most of us did not know what COVID-19 meant (co-Corona; vi-Virus; d-disease; 19 – 2019); had no idea how to “zoom”; did not know what social distance meant; and, were largely unfamiliar with...more

FTC Announces 2021 Hart-Scott-Rodino Threshold Reductions

On February 1, the FTC gave notice that on February 2, new Hart-Scott-Rodino (“HSR”) thresholds would be published in the Federal Register, to take effect March 4, 2021. See Federal Register: Revised Jurisdictional Thresholds...more

Expanding Their Reach: Pending Changes to Hart-Scott-Rodino Premerger Notification Regulations Poised to Alter Both the Size and...

In September 2020, the FTC announced that it would be proposing a series of changes to the Hart-Scott-Rodino Premerger Notification regulatory regime with the anticipated publication of both a Notice of Proposed Rulemaking...more

Payors, Providers and Subscribers Be Advised: Health and Dental Insurance Is No Longer Exempt From Federal Antitrust Laws

On January 13, 2021, President Trump signed the “Competitive Health Insurance Reform Act of 2020” (“CHIRA” - H.B. 1418, now Public Law 116-327; see...more

Lost the Battle, Still Looking to Fight the War — the FTC Presses Forward on All Fronts to Stop Jefferson-Einstein Merger

Faced with a December 8, 2020, Memorandum and Order by Eastern District Judge Pappert (link) denying the Federal Trade Commission’s (FTC’s) request to enjoin the proposed Jefferson-Einstein merger, and the resulting right of...more

U.S. Department of Justice Updates Guidance on Merger Remedies

On September 3, 2020, the Antitrust Division of the U.S. Department of Justice (the “Division”) updated its 2004 “Policy Guide to Merger Remedies,” which had been reinstated when the Division withdrew the 2011 version of that...more

Health Care in the COVID-19 World: Antitrust & Competition Considerations

Introduction - To massively understate the obvious, the ongoing impact of COVID-19 on the health care industry has, is and will continue to present an unprecedented test of will, skill and capacity of the industry’s...more

5/27/2020  /  Coronavirus/COVID-19

Key Health Care Legal and Business Issues in the Transitional/Post-COVID-19 World

INTRODUCTION - The health care world – in fact, THE WORLD – has changed significantly since March with the onset of COVID-19. As we collectively work to return to a “new normal,” the health care delivery system will be one of...more

It's That Time Again... FTC Announces New HSR Filing Thresholds

As it does annually around this time, on January 28, 2020, the Federal Trade Commission (“FTC”) announced the annual adjustments to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”). ...more

2020 Health Care Predictions

The Saul Ewing Arnstein & Lehr, LLP Health Care Practice includes attorneys that handle regulatory, compliance, transactional and litigation needs for clients across the entire health care delivery system, including: ...more

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