Robert G. Kidwell

Robert G. Kidwell

Mintz Levin

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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

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!

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

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

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

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

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

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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