Howard Morse – Cooley LLP

Antitrust Enforcers Focus on Technology Mergers

"United States: Technology Mergers" published in the Global Competition Review’s Antitrust Review of the Americas 2016. The pace of strategic deal-making has electrified corporate America over the past year and has kept…more

Third Circuit Upholds the FTC's Data Security Enforcement Authority

Cooley Alert By Matthew D. Brown, Scott Dailard, Bethany Lobo, Howard Morse, Randy Sabett, and Charles Schwab On August 24,, the Third…more

HSR "Investment-Only" Exemption: Lessons from Third Point's Yahoo! Investment

HSR “Investment-Only” Exemption: Lessons from Third Point’s Yahoo! Investment Cooley Alert by Francis Fryscak, Jacqueline Grise, Tanisha James, and Howard Morse While acquisitions of up to 10% of the voting interest in a…more

Proposing a Fix? Ready to Litigate the Fix? Recent Cases Should Guide Strategy

Proposing a Fix? Ready to Litigate the Fix? Recent Cases Should Guide Strategy By Megan Browdie and Howard Morse, Cooley LLP First published in the ABA Antitrust Section M&A Committee newsletter, The Threshold (Aug. 24,…more

Second Circuit Rules that "Product Hopping" May Constitute Unlawful Monopolization; Pharmaceutical Companies are Likely Targets of Future Antitrust Enforcement

Recent antitrust challenges to pharmaceutical companies' efforts to transition patients from drugs nearing the end of their patent life to next-generation drugs have increased the risk of pursuing such "product hopping"…more

Ninth Circuit Recognizes Efficiencies May Enhance Competition in Antitrust Challenge to Merger

In a rare appellate opinion addressing the merits of a merger challenge, the Ninth Circuit last month sided with the Federal Trade Commission, finding that a 2012 merger of two health care providers in Idaho was likely to…more

Bill may reconcile antitrust review, Daily Journal Jan. 8, 2015

U.S. antitrust law — which prohibits mergers and acquisitions that may lessen competition — is enforced by both the Department of Justice and Federal Trade Commission. The agencies apply the same substantive guidelines, but seek…more

Proposed Legislation to Reconcile DOJ and FTC Merger Standards and Processes

Dual antitrust enforcement by the Department of Justice (DOJ) and Federal Trade Commission (FTC), while now standard operating procedure, has long elicited concerns about disparate treatment of mergers. Court decisions in the…more

High Tech Mergers: Top of the Antitrust Enforcement Agenda

Antitrust enforcement in high-tech industries – those that employ the most advanced, cutting-edge technology – is a top priority for the US Department of Justice and Federal Trade Commission. The drumbeat is only getting…more

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
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Areas of Practice
  • Antitrust & Trade Regulation
  • Mergers & Acquisitions
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