Robert G. Kidwell

Robert G. Kidwell

Mintz Levin

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Members of Ophthalmologist Group Charged with Illegal Boycott of Health Plan

An ophthalmologist cooperative in Puerto Rico settled charges with the Federal Trade Commission (“FTC”) last week that it orchestrated an illegal boycott of a health plan. The FTC alleged that the cooperative urged its...more

1/25/2017 - Anticompetitive Behavior Boycotts Consent Order Cooperative Agreements Employer Group Health Plans FTC Health Care Providers Medicare Puerto Rico Reimbursements

Korean Ruling Places Qualcomm’s Business Model at Risk

On December 28, 2016, the Korean Fair Trade Commission (KFTC) issued a steep fine (“KFTC Ruling”) against Qualcomm for antitrust violations in patent licensing and modem chip sales – a record penalty that the U.S. company...more

1/25/2017 - Antitrust Violations Fair Trade Commissions FRAND Korea Patents Qualcomm Standard Essential Patents

Antitrust Agencies Impose Three HSR Penalties Totaling $1.5 Million in Two Days

The federal antitrust agencies have opened the New Year with vigorous enforcement of the Hart Scott Rodino Antitrust Improvements Act of 1976 (“HSR Act”) by imposing several fines totaling $1.5 million. On January 17, 2017,...more

1/24/2017 - Antitrust Provisions DOJ Enforcement Actions FTC Hart-Scott-Rodino Act

FTC Announces Annual Revision to HSR Jurisdictional Thresholds

The Federal Trade Commission (FTC) announced on January 19, 2017 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/20/2017 - Antitrust Provisions Filing Fees FTC Hart-Scott-Rodino Act Premerger Notifications Threshold Requirements

FTC and DOJ Issue Proposed Updates to Antitrust Guidelines for Licensing IP

For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more

10/14/2016 - Defend Trade Secrets Act (DTSA) DOJ FRAND FTC Intellectual Property Protection RAND Sherman Act Standard Essential Patents

Second Circuit: “C” is for Comity; Price Fixing Judgement Against Chinese Vitamin C Sellers Reversed

Last week, in In re Vitamin C Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) vacated a $147 million jury award against Chinese vitamin C sellers Hebei Welcome Pharmaceutical Co. and...more

9/27/2016 - Appeals Cartels China Damages Foreign Corporations Injunctive Relief Pharmaceutical Industry Price-Fixing Sherman Act

Second Circuit: Aluminum End Users Lack Antitrust Standing; Price Manipulation Claims Against Traders and Warehouses Foiled

Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation...more

8/16/2016 - Antitrust Violations Civil Conspiracy Class Action Consumer Protection Act Derivatives Dismissals End-Users Injury-in-Fact Market Participants Price Manipulation Price-Fixing Purchasers Standing Unfair or Deceptive Trade Practices

Activist Investor to Pay Record Fine for Violating HSR Reporting Requirements

The Department of Justice (“DOJ”) announced this week that an activist investment manager has agreed to pay a record $11 million to settle allegations that it violated the requirements of the Hart-Scott-Rodino Antitrust...more

7/14/2016 - Baker Hughes Corporate Counsel DOJ Enforcement Actions FTC Halliburton Hart-Scott-Rodino Act Investment Funds Investment-Only Exemption Investors Popular Reporting Requirements

Federal Court Relies on “Evolving Landscape of Health Care” Post-Affordable Care Act to Reject FTC Challenge to Hospital Merger

Judge takes “the healthcare world as it is, and not as the FTC wishes it to be.” “We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels...more

5/12/2016 - Affordable Care Act Antitrust Litigation FTC Hospital Mergers Preliminary Injunctions

FTC Increases HSR Jurisdictional Thresholds

The Federal Trade Commission (FTC) announced on January 21, 2016 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/25/2016 - Federal Register Filing Fees FTC Hart-Scott-Rodino Act Jurisdiction Premerger Notifications Statutory Waiting Period

Investment Fund Violates “Investment-Only” HSR Exemption

At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the...more

8/27/2015 - Board of Directors DOJ Enforcement Actions FTC Hart-Scott-Rodino Act Injunctive Relief Premerger Notifications Settlement Agreements Shareholders Third Point Yahoo!

Kimble and Post-Expiration Royalties: The Next Big Thing, or Much Ado About Nothing?

Today, as we previewed here, the US Supreme Court analyzed the question of whether patent holders should be allowed to contract for royalty payments that continue to accrue after the expiration of the subject patent. While...more

4/1/2015 - Brulotte License Agreements Patent Royalties Patents Royalties SCOTUS

Hospital Wins First Round Against Largest Rival in Antitrust Suit Alleging Illegal Exclusive Dealing Agreements with Insurers

The waves of change affecting health care providers include reimbursement and funding developments, the impact of the Affordable Care Act, technological and medical advances, provider network design transformations imposed by...more

3/31/2015 - Affordable Care Act Antitrust Litigation Antitrust Provisions Exclusive Dealing Agreements FTC Health Care Providers Health Insurance Healthcare Hospitals

Ninth Circuit Affirms FTC’s Challenge to Hospital-Physician Group Merger, While Rejecting Efficiencies and Health Care Quality...

In a much anticipated appellate health care antitrust decision, the United States Court of Appeals for the Ninth Circuit upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7...more

2/12/2015 - Antitrust Litigation FTC Healthcare Hospital Mergers Hospitals Physicians St. Luke's The Clayton Act

Groundhog’s Day for Employers: The Same Mistakes Over and Over and Over…

I still consider Groundhog’s Day not only a great comedy, but also a great movie. Twenty-two years ago, the late Harold Ramis graced us with a tale about Phil Connors, a Pittsburgh TV weatherman, who finds himself repeating...more

2/12/2015 - Employer Liability Issues Exempt-Employees Unpaid Overtime Wage and Hour

FTC Announces Annual Revision to HSR Jurisdictional Thresholds

The Federal Trade Commission (FTC) announced on January 15, 2015 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/16/2015 - FTC Hart-Scott-Rodino Act Premerger Notifications Threshold Requirements

Tenth Circuit Affirms Class Certification and Price Fixing Verdict Against Dow Chemical

The Tenth Circuit recently affirmed both class certification and one of the largest verdicts issued in the U.S. this year, denying Dow Chemical Company’s (“Dow”) appeal in a price fixing case related to polyurethane products....more

10/7/2014 - Antitrust Litigation Class Action Class Certification Dow Chemical Price-Fixing

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 NCAA Scholarships

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