Antitrust & Trade Regulation Business Organization Civil Remedies

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Consummated Mergers: It Ain’t Over 'Til the Fat Lady Sings

Merging companies whose deals fall below the Hart-Scott-Rodino (HSR) merger filing threshold may think that once they have completed their merger and integration is finished, there is no longer any threat that the federal...more

Can Internet-Based Membership Programs Be Illegal Pyramid Schemes?

In a decision that could have substantial implications for many Internet-based businesses, on March 14, 2012, a federal court in California enjoined the operation of a web-based promoter of websites and provider of digital...more

FTC Granted Preliminary Injunction Against OSF Healthcare System/Rockford Health System

The U.S. District Court for the Northern District of Illinois granted the request for a preliminary injunction by the Federal Trade Commission (FTC), pending a full administrative trial before an FTC Administrative Law Judge...more

Rockford Returns — Part II: Court Grants FTC’s Preliminary Injunction Against Hospital Merger to Preserve Status Quo for...

In 1989, the Antitrust Division of the United States Department of Justice (DOJ) successfully challenged a proposed merger between Rockford Health System (Rockford) and SwedishAmerican Health System (SwedishAmerican), two of...more

United States Increases Entertainment Exports to Latin American Markets

On September 30, 2011, the United States government signed an Export Trade Certificate of Review for the Latin American Multichannel Advertising Council ("LAMAC"). This certification will allow seven United States-based...more

DOJ Antitrust Division Wins Major Victory in H&R Block Case

On November 10, 2011, Judge Beryl A. Howell of the District Court for the District of Columbia handed the Antitrust Division of the Department of Justice (DOJ) a significant victory when she enjoined the proposed merger of...more

Applying Section 1 To Hospital Peer Review Decisions

Originally Published in Competition Law360. Decisions to grant or terminate a doctor’s privileges to practice medicine at a particular hospital are often made through a peer review process by a hospital and its staff...more

New Jersey Supreme Court to Decide on Whether Consumer Fraud Act Was Properly Applied in Context of Commercial Dispute

In my prior blogs (employmentandconstructionlawupdate.blogspot.com) I’ve covered the dramatic changes in the law of late, where the New Jersey state courts have applied the New Jersey Consumer Fraud Act in any number of...more

Interlocking Directorates and Officers – Section 8 of the Clayton Act

The Federal Trade Commission has announced revised thresholds for interlocking directorates required under Section 8 of the Clayton Act (15 U.S.C. § 19(a)(5)). The revised thresholds take effect January 25,...more

Chancery Court Denies Dollar Thrifty Stockholder Motion for Preliminary Injunction

On September 8, the Delaware Court of Chancery denied a motion for a preliminary injunction to prevent the consummation of a merger plan, pursuant to which Hertz Global Holdings, Inc. will buy all the shares of rental car...more

Securities Litigation Update - SEC v. Jenkins: SOX 304 Clawback Requires Innocent CEOs and CFOs to Return Incentive-Based...

In a case of first impression, the United States District Court for the District of Arizona recently ruled that Section 304 of the Sarbanes-Oxley Act of 2002 (“SOX”), the so-called “Clawback Provision,” does not require...more

DOJ Shows Flexibility, Creativity in Settling Biotech Merger

A recent settlement in a biotech merger case may signal a greater willingness by DOJ to accept remedy provisions it previously would have rejected, especially to resolve vertical issues in industries heavily dependent on...more

California's Cartwright Act: A Primer

A summary of California's Cartwright Act, California's main antitrust law....more

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