Robert G. Kidwell

Robert G. Kidwell

Mintz Levin

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DOJ Antitrust Enforcers Take to the Bully Pulpit on Prosecuting Antitrust Crimes and Antitrust Compliance Programs

In recent years, antitrust criminal enforcement efforts have increased around the world. These efforts focus mainly on cartels — which the Supreme Court calls “the supreme evil of antitrust” — that conspire to fix prices, rig...more

9/15/2014 - Antitrust Litigation Compliance DOJ Enforcement Enforcement Actions

No Bones About It: Tenth Circuit Permits Narrowest Market Definition and Raises the Bar for an Entry Defense When Reinstating...

On August 5, 2014, the Tenth Circuit Court of Appeals reinstated claims of monopolization and attempted monopolization under Section 2 of the Sherman Act brought by a manufacturer of surgical bone mills against a competitor. ...more

8/12/2014 - Corporate Counsel

DOJ Revisits Music Royalty Consent Decrees

From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to a system that has been...more

6/7/2014 - Antitrust Division ASCAP BMI Consent Decrees Copyright Digital Assets DOJ Licensing Rights Music Industry Pandora Popular Public Performance Rights Publishing Copyrights Royalties Sound Recording Copyrights

FTC Announces Annual HSR Thresholds Revision

The Federal Trade Commission (FTC) announced on January 17, 2014 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/20/2014 - Filing Deadlines Filing Fees FTC Hart-Scott-Rodino Act

A Book on Books: SDNY Issues 160-Page Opinion Declaring that Apple Violated Section 1 of the Sherman Act by Conspiring to Raise...

On July 10, 2013, 15 months after the Department of Justice (DOJ) filed its suit against Apple Inc. (Apple) and five major publishers for allegedly conspiring to raise e-book prices and end e-book retailers’ freedom to...more

7/16/2013 - Apple Conspiracies e-Books Price-Fixing Publishers Sherman Act

Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth...more

6/12/2013 - Competition Dentists FTC Market Participants Restraint of Trade State Action Doctrine

NCAA Obtains a Vital Win on Antitrust Challenge of Athletic Aid Rules

In a recent federal court decision, the NCAA obtained dismissal of a claim that certain rules governing athletic grants-in-aid violated the antitrust laws. The case, Rock v. NCAA, was led by three former student-athletes and...more

3/27/2013 - Athletes Athletics Grants-in-Aid NCAA Scholarships

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels...more

2/25/2013 - AT&T Mobility AU Optronics Corp Cartwright Act Conspiracies Due Process Extraterritoriality Rules LCD Panels Price-Fixing

Supreme Court Unanimously Rules Unforeseeability Bars Immunity Defense for Allegedly Anticompetitive Hospital Merger

On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from antitrust scrutiny over a proposed hospital merger where the anticompetitive...more

2/22/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hospital Mergers Hospitals Monopolization SCOTUS

DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement by Antitrust...

On January 31, 2013, the Antitrust Division of the Department of Justice (“DOJ”) filed its first lawsuit challenging a merger under newly sworn-in Assistant Attorney General, William J. Baer. Both the facts and circumstances...more

2/5/2013 - Anheuser-Busch DOJ Enforcement Mergers

DOJ Approves Greater New York Hospital Association’s Proposed Gainsharing Program

On January 16, the Department of Justice’s Antitrust Division (“DOJ”) announced that it does not presently intend to challenge the Greater New York Hospital Association’s (“GNYHA”) proposed gainsharing program. The program...more

1/31/2013 - Anti-Competitive DOJ Gainsharing Hospitals

FTC Announces Annual HSR Thresholds Adjustments

The Federal Trade Commission (FTC) announced on January 10, 2013 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/15/2013 - Exemptions Filing Fees FTC Hart-Scott-Rodino Act Notifications Pre-Merger Filing Requirements

FTC Commissioners Disagree on Limits of Section 5 Applicability to Conduct Not Otherwise Covered by Antitrust Laws

The balancing of antitrust enforcement with intellectual property protections is often controversial. Equally controversial is identifying the outer limit of Section 5 of the Federal Trade Commission Act as it may apply to...more

12/3/2012 - FTC Unfair or Deceptive Trade Practices

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