Howard Morse – Cooley LLP

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Washington, DC 20004, United States

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United States v. Bazaarvoice: A Cautionary Antitrust Tale for High-Tech Mergers

The recently concluded Department of Justice enforcement action against Bazaarvoice, Inc.'s 2012 acquisition of rival PowerReviews, Inc. is a reminder of important principles for antitrust enforcement in high-tech…more

FTC and DOJ: Antitrust Concerns Should Not Stand in the Way of Sharing of Cyber Threat Information

The scenario: your Chief Security Officer is on the line. This time, she says, it was a spear phishing attempt—emails individually addressed to a few employees, each with an attachment deceptively titled to resemble a standard…more

Revised 2014 Hart-Scott-Rodino Antitrust Thresholds

The Federal Trade Commission has completed its annual adjustments to the filing thresholds under the Hart-Scott-Rodino (HSR) Act. The new, higher, thresholds will take effect on February 24, 2014 and apply to all transactions…more

Cartels: Confusing Covert and Ancillary

The leadership at the U.S. Department of Justice (DOJ)—during Democratic and Republican Administrations alike—has actively encouraged competition law enforcers around the world to prosecute cartels, and to increase the…more

FTC Commencing Major Study of Patent Assertion Entities; Inquiry to Focus on Wireless Industry

The U.S. Federal Trade Commission is about to launch a major study of patent assertion entities (PAEs), sometimes pejoratively called "patent trolls," that purchase patents and attempt to generate revenue by asserting…more

FTC Expands HSR Reporting Obligations – Targeting Pharmaceutical Licensing Deals

New Federal Trade Commission (FTC) rules targeting the pharmaceutical industry will soon require Hart-Scott-Rodino Act (HSR) notices for a broad array of licensing transactions, expanding the types of deals that have to be…more

No Deal Too Small: FTC and DOJ Target Non-HSR Reportable Tech Deals in 2013

The Federal Trade Commission recently announced a consent agreement with a specialty software developer, requiring it to divest a business that it had acquired more than a year earlier for $8.7 million. The challenge to an…more
| Antitrust & Trade Regulation, Mergers & Acquisitions

Acquirers Beware: Inadvertent Failure to Submit HSR Filing Results in Civil Penalty

On June 19, 2013, the Department of Justice, at the request of the Federal Trade Commission, filed a civil antitrust action against the investment firm of MacAndrews & Forbes Holdings, Inc. for purchasing additional voting…more
| Antitrust & Trade Regulation, Civil Remedies, Mergers & Acquisitions

Supreme Court Allows Antitrust Suits Against "Reverse Payment" Settlements of Patent Litigation

The U.S. Supreme Court recently ruled that "reverse payment" patent settlements between a pioneer drug maker and would-be generic competitors are subject to antitrust challenge. These patent litigation settlements in the…more
| Antitrust & Trade Regulation, Intellectual Property

Reverse-Payment Settlement Agreements Roundtable

Reverse-payment settlements between brand name and generic drug companies have remained a staple hot-button issue in the antitrust community for more than a decade. In some antitrust circles, simply mentioning the term elicits…more
| Antitrust & Trade Regulation, Health, Intellectual Property

2013 Hart-Scott-Rodino Antitrust Thresholds

Filing thresholds under the Hart-Scott-Rodino (HSR) Act increased February 2013 to reflect growth in GNP. Many transactions valued over $70.9 million now have to be notified to federal antitrust authorities. The HSR Act…more
| Antitrust & Trade Regulation, Mergers & Acquisitions

Avoiding Jail Time: Another Reason to Take HSR Compliance Seriously

An executive of a South Korean company pled guilty on July 2 and agreed to serve five months in a U.S. prison for obstructing justice in connection with a merger investigation conducted by the U.S. Department of Justice. The DOJ…more
| Antitrust & Trade Regulation, Criminal Law, Mergers & Acquisitions

Revised 2012 Hart-Scott-Rodino Antitrust Thresholds Announced

On January 24, 2012, the Federal Trade Commission announced new thresholds for Hart-Scott-Rodino (HSR) Act filings. The HSR Act requires parties to notify the Federal Trade Commission (FTC) and Department of Justice (DOJ)…more
| Antitrust & Trade Regulation, Consumer Protection, Mergers & Acquisitions, Securities Law

$50,000 Fine Underscores Importance of Individual Investors Complying with HSR Rules

The Hart-Scott-Rodino (HSR) Act requires individuals, as well as companies, to disclose acquisitions that exceed specified thresholds to the Federal Trade Commission and Department of Justice. Failure to comply can result in…more
| Antitrust & Trade Regulation, Mergers & Acquisitions, Securities Law

Government Prevails in Antitrust Challenge to Software Merger

The U.S. Department of Justice and Federal Trade Commission regularly review proposed mergers and acquisitions. They typically resolve competition concerns through negotiated consent decrees, instead of suing to block…more
| Antitrust & Trade Regulation, Mergers & Acquisitions
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