Elections & Politics Mergers & Acquisitions Antitrust & Trade Regulation

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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

In The Wake Of Phoebe Putney, New York Passes Law Giving Antitrust Immunity To State Health Care System

Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc., 133 S.Ct. 1003 (2013), which held that the state action antitrust immunity doctrine applies only when the state legislature...more

New York State Adopts First Post-Phoebe Putney Law Extending State Antitrust Immunity to a Public Hospital — How It Came About and...

On October 24, 2013, Governor Andrew Cuomo signed what we believe is the first post-Phoebe Putney statute (see FTC v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013)), extending the State’s antitrust immunity to...more

Merger Enforcement Two Years Later

Two years into the Obama Administration, we have enough of a record on merger enforcement to pause and consider whether anything much has changed, and what this record has to say about the likely course of enforcement in the...more

What’s Driving the US Antitrust Agencies?

As antitrust veterans know, no matter how much a new administration may want to change how antitrust is enforced, the bulk of the agencies’ enforcement agenda remains relatively constant from one administration to the next....more

New Directions in Antitrust Enforcement: Obama Appoints Christine Varney to Head DOJ Antitrust Division

During the presidential campaign, now-President Obama vowed to “reinvigorate antitrust enforcement.”[1] He sharply criticized the Bush administration as having the “weakest record of antitrust enforcement of any...more

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