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Seventh Circuit Affirms Dismissal of Hospital Foreclosure Claims with Judge Posner Asking, “What is More Common Than Exclusive...

The Seventh Circuit, on June 9, 2017, affirmed summary judgment against a hospital’s antitrust claims that it was substantially foreclosed from the market by its rival’s exclusive contracts with payors. The panel concluded...more

FTC Action Against Physician Cooperative Illustrates Risks of Collective Contracting Activity Among Independent Providers

A recent Federal Trade Commission (“FTC”) enforcement action against a physician cooperative in Puerto Rico for organizing a group boycott of a health plan underscores the need for providers to be cognizant of the antitrust...more

Recent HSR Gun Jumping Settlement in Excess of Half a Million Dollars: Why it’s Worth the Wait

The Department of Justice Antitrust Division (DOJ) announced January 18 that Duke Energy Corporation (Duke) agreed to pay $600,000 to settle charges that it violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976...more

Individual Investors Pay Civil Penalties for Failing to Report Acquisitions of Voting Securities to the Federal Trade Commission

The Hart-Scott-Rodino Act (“HSR Act”) requires companies and individuals to report large transactions above certain thresholds to the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), and then to observe...more

Federal Trade Commission Announces Adjusted HSR Thresholds for 2017

On January 19, 2017, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds...more

A Superficial Analysis of Competitive Foreclosure Won’t Play in Peoria

A federal trial court rejected a hospital’s antitrust claims that it was substantially foreclosed from the market by its rival’s exclusive contracts with payors. The court concluded that foreclosure in healthcare services...more

Federal Trade Commission Announces Increased Fines

On June 29, 2016, the Federal Trade Commission (FTC) announced significant increases in the maximum civil penalties for violations of 16 provisions of law it enforces, including the FTC Act and Clayton Act. Effective...more

Federal Trade Commission Announces Adjusted HSR Thresholds for 2016

On January 21, 2016, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds...more

Federal Trade Commission Announces Adjusted HSR Thresholds for 2015

On January 15, 2015, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds...more

Federal Trade Commission Announces Adjusted HSR Thresholds for 2014

On January 17, 2014, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds...more

Supreme Court Subjects Reverse Payment Settlements to Antitrust Review

In a recent opinion with powerful implications for drug manufacturers, the U.S. Supreme Court decided in FTC v. Actavis that reverse payment settlement agreements can violate the antitrust laws despite the antitrust immunity...more

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