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Marketplace Shockwaves: Insurer Exits Leave Marketplaces Vulnerable

Early this month, Aetna announced that in 2018, it will not expand its Health Insurance Marketplace ("Marketplace" or "Exchange") coverage, and is evaluating whether it will completely pull out of the Marketplaces created by...more

New provisions on German antitrust law under debate in German parliament

On 1 July 2016, the German Ministry for Economic Affairs published a draft bill for the 9th amendment of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB). The draft bill...more

2017 Antitrust Outlook – A Year of Uncertainty

We expect that this year’s antitrust outlook will continue to carry a degree of uncertainty, whether in the United States, the European Union, or elsewhere. Our next two posts will cover some of the causes of present...more

Ohlhausen’s Appointment as Acting Chair of FTC Signals Potential Change in Antitrust Approach

President Donald Trump last week designated Maureen K. Ohlhausen as acting chair of the U.S. Federal Trade Commission (“FTC”). Ohlhausen is a vocal critic of government involvement in the market, suggesting the FTC under her...more

"Antitrust Enforcement in the Trump Administration"

Republican administrations historically have taken a less interventionist approach to antitrust enforcement than their Democratic counterparts, but many of President Donald Trump’s policy positions have not tracked...more

Antitrust M&A Snapshot: United States: October – December Update

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

Assessing the Trump Administration’s Approach to Antitrust and Unfair Competition

As President-elect Donald Trump prepares to take the helm of the executive branch of the federal government, many are asking how he will approach antitrust regulation. Conventional wisdom holds that Republicans are more...more

President-Elect Trump Has Once-in-a-Century Opportunity to Substantially Revise the FTC’s Law Enforcement and Regulatory Agenda

SUMMARY: Regulatory reform is the “cornerstone of the Trump administration,” and incoming President Donald Trump has a unique opportunity to quickly and substantially influence Federal Trade Commission (FTC) policy through...more

Aerospace and Defense Series: Trump Administration—Potential for Increased Antitrust Leniency for Vertical Transactions in the...

President-elect Donald Trump has called for a dramatic increase in defense spending including purchases of new ships and warplanes as well as the addition of tens of thousands of new troops. This increase in spending...more

"Looking Ahead: The U.S. Legal and Regulatory Environment Under a Trump Administration"

Election Day brought an end to a long period of uncertainty that caused market fluctuations and delayed business planning decisions. As we navigate the post-election landscape, many questions remain regarding the potential...more

Antitrust in a Clinton Administration

Regardless of your political affiliation, it is worth understanding the potential changes to antitrust enforcement in the next administration. We will take a look at how antitrust might be handled by each of the two major...more

What Might November’s Election Mean for Antitrust Enforcement?

It is probably safe to say that most voters in the 2016 presidential election do not view antitrust policy as a key campaign issue. Accordingly, the candidates’ and their parties’ views on competition policy were scarcely,...more

Brexit: Business as Usual for Competition Law and Enforcement

Although no changes will affect competition law and enforcement in the immediate future, the long-term implications of Brexit depend on the relationship between the United Kingdom and the European Union....more

House Passes GOP-Backed SMARTER ACT Aiming to Harmonize Merger Review Process for FTC and DOJ

On March 23, 2016, the U.S. House of Representatives passed the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act by a vote of 235-171, despite strenuous objections from the Federal Trade Commission...more

The SMARTER Act Passes U.S. House of Representatives Vote, Seeks to Harmonize FTC and DOJ Procedures for Challenging Unconsummated...

On March 23, the U.S. House of Representatives voted favorably on the Standard Merger and Acquisition Reviews Through Equal Rules Act (the “SMARTER Act”), H.R. 2745. The bill, introduced by Representative Blake Farenthold of...more

State Bill Seeks to Shield Hospital Mergers From Antitrust Challenge

On March 12, the West Virginia legislature passed a bill that would exempt state healthcare providers from federal antitrust scrutiny when acting under the jurisdiction of the West Virginia Health Care Authority (Authority)....more

Merrick Garland on Efficiencies

Judge Merrick Garland, if he is confirmed, may become one of the Supreme Court’s foremost authorities in antitrust law. He taught antitrust law at Harvard, and he has published on the subject, so it’s fair to expect him to...more

MA Health Policy Updates – Moves to Strengthen HPC and Expand Telemedicine

In a recent Alert, the Mintz Levin Health Law Practice and ML Strategies provided a comprehensive look at recent developments in Massachusetts health policy. In addition to a detailed report on recent Health Policy Commission...more

FTC Submits Public Comments to States Considering Regulations of Cooperative Agreements Between Hospitals

The Federal Trade Commission (FTC) recently submitted comments to Virginia and Tennessee regarding proposed laws in each state relating to Cooperative Agreements between hospitals and the granting of Certificates of Public...more

Top Antitrust Enforcers Respond to Congressional Questioning

Federal Trade Commission (FTC) Chairwoman Edith Ramirez and Assistant Attorney General William Baer testified before the House Committee on the Judiciary’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law on...more

State Oversight of Anticompetitive Activity in Healthcare: Is a New Wave Ahead?

The Massachusetts Attorney General and others are currently advocating for legislation that would accord greater legal weight to the findings of an independent state agency, the Health Policy Commission, on the effects of...more

2014 Elections May Lead To Changes In Antitrust Merger Review

With the Republicans gaining control of the Senate in yesterday's elections, there is a greater chance that Congress may enact reforms to the merger approval process. Currently, there is a bill pending in the House that...more

House Judiciary Committee Acts to Harmonize Antitrust Review Standards and Processes

On September 10, the House Judiciary Committee passed, by voice vote, legislation to eliminate certain disparities to antitrust review by the Department of Justice (DOJ) and the Federal Trade Commission (FTC). The Standard...more

Antitrust-Related Recent Developments: Terrell McSweeny Confirmed as FTC Commissioner, Congress Holds Hearings and FTC/DOJ Policy...

On April 9, 2014, the U.S. Senate confirmed Terrell McSweeny to serve as FTC Commissioner. Commissioner McSweeny will join Commissioners Edith Ramirez and Julie Brill as the third Democratic member of the five-member Federal...more

Ukrainian Merger Control Update: Will the Recent Upheaval Cause Problems for Global Deals?

Parties required to file premerger notification in Ukraine should coordinate closely with authorities and plan additional time for the review process in light of recent political events. I anticipate that recent political...more

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