Howard Morse – Cooley LLP

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