Beginning on 27 February 2023, the minimum value for transactions potentially requiring the filing of a Premerger Notification and Report Form under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the...more
The Consolidated Appropriations Act of 2023 recently passed by Congress and signed by President Biden will dramatically restructure the filing fees charged for the submission of Hart-Scott-Rodino (HSR) filings typically...more
Beginning on 23 February 2022, transactions valued at more than US$101 million may require the filing with the antitrust agencies of a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act...more
2/3/2022
/ Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
Citing a shortage of resources to respond to a “tidal wave of merger filings,” the Federal Trade Commission (FTC) has begun sending letters (Warning Letters) to the parties to many mergers and acquisitions that it has not...more
In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act1 (FTC Act) to obtain restitution of...more
The 4th Circuit’s decision in Steves and Sons Inc. v. JELD-WEN Inc. affirmed a district court’s order compelling an acquirer to divest the business of a competitor, which the court held had been acquired in violation of...more
In a decision that is potentially important for licensors as well as licensees of standard essential patents (SEPs), a panel of the Ninth Circuit has vacated an injunction that the U.S. District Court for the Northern...more
In a 5–4 decision, in Apple, Inc. v. Pepper, the U.S. Supreme Court (the “Court”) followed the its 1977 precedent in Illinois Brick v. Illinois, which limits the assertion of antitrust damage claims to the first purchaser...more
5/28/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
The U.S. District Court for the Eastern District of Pennsylvania recently granted the Federal Trade Commission’s (“FTC”) request to compel a branded pharmaceutical company to disgorge $448 million in profits....more
The District Court for the District of Columbia rejected the request by the U.S. Justice Department’s Antitrust Division (“DOJ”) to enjoin the merger of AT&T’s television distribution business with Time Warner’s video content...more
The Federal Trade Commission (“FTC”) recently published advice to businesses on avoiding violating the antitrust laws during merger negotiations and due diligence. Businesses engaging in mergers, acquisitions, and joint...more
In the first decision by a federal appeals court interpreting the U.S. Supreme Court’s landmark ruling in FTC v. Actavis, the Third Circuit recently held in King Drug Co. of Florence v. SmithKline Beecham Corp. that so-called...more
8/3/2015
/ Actavis Inc. ,
Class Action ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Prescription Drugs ,
Putative Class Actions ,
SCOTUS ,
Sherman Act ,
SmithKline Beecham
One of the most controversial antitrust issues for the pharmaceutical industry during the last decade has been the treatment of patent settlements in which a patent-holding branded manufacturer made payments to its generic...more
6/24/2013
/ Actavis Inc. ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Settlement
In their Statements of Antitrust Enforcement Policy in Health Care, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice declared that joint negotiation of fees for services by competing...more
3/25/2013