Mintz Levin - Antitrust

How much should a consumer pay for an electronic book (“e-book”)? Amazon used to sell e-books for $9.99. After Apple, Inc. (“Apple”) entered the market with its e-book application for the iPad, and entered into different…more

The Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, which upheld the validity of class arbitration waivers in consumer contracts, was initially viewed as a serious blow to the continued viability of…more

Law360, New York (February 09, 2012, 6:45 PM ET) -- In the health care antitrust world, the Federal Trade Commission Evanston case, involving a retrospective attack on the consummated merger between Evanston…more

In the health care antitrust world, the Federal Trade Commission (FTC) Evanston case, involving a retrospective attack on the consummated merger between Evanston Northwestern and Highland Park hospitals, is an important…more

The Federal Trade Commission (FTC) announced today increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). Revised HSR…more

The proper role of antitrust enforcement in health care reform is currently a hot topic in Washington and elsewhere. The courts, of course, do not engage in such debates, but only resolve cases brought before them. In a closely…more

The current Federal Trade Commission (FTC) is very focused on aggressive enforcement of the consumer protection laws. It has announced particular emphasis on enforcement actions against marketers that utilize deceptive or…more

The Federal Trade Commission’s (FTC’s) recent enforcement initiatives on health claims may be heading for a showdown. On September 27, 2010, the FTC issued a particularly detailed 25-page administrative complaint charging POM…more

In 2007, the Supreme Court overturned a nearly century-old precedent, holding that resale price maintenance (RPM) plans were no longer per se illegal under Section 1 of the Sherman Act, and instead must be analyzed under the…more

On April 29, 2010, the U.S. Court of Appeals for the Eleventh Circuit, reversing a district court’s dismissal, found that a competitor hospital, plaintiff Palmyra Park Hospital, Inc. (“Palmyra”), was an “efficient enforcer” of…more

Evanston Northwestern Healthcare Corporation (ENH) was the target of the Federal Trade Commission (FTC)’s signature retrospective challenge to a consummated hospital merger. The FTC successfully challenged the January 2000…more

In a previous Client Alert, we noted that the Federal Trade Commission (FTC)’s new Guides Concerning the Use of Endorsements and Testimonials in Advertising contain numerous provisions that apply to messages in social media,…more

The Obama Administration has indicated an intention to more vigorously enforce the antitrust laws, including the prohibition against anticompetitive mergers. One of the Administration?s first initiatives was to undertake a…more

“A requirement to establish and maintain a comprehensive information security program, designed to protect the security, confidentiality, and integrity of personal information…” Sound familiar? This is nothing new to those…more

On February 22, 2010, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a proposed antitrust class action against a telecommunications company for its alleged illegal restraint on trade and attempt to…more