Howard Morse
Cooley LLP

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1299 Pennsylvania Avenue, N.W.
Suite 700
Washington, DC 20004, United States
Phone: 202-842-7852
Areas of Practice
  • Antitrust & Trade Regulation
  • Mergers & Acquisitions

Antitrust 2017: Trends and Developments to Watch

By Howard Morse, Jacqueline Grise and Dee Bansal, Cooley LLP The transition to a Trump Administration will certainly top the antitrust headlines in 2017. We offer insights on who Trump may put in charge of his merger…more
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Procaps S.A. v. Patheon, Inc.

Eleventh Circuit Rejects Sherman Act Claim that Acquisition Turned JV into Illegal Restraint of Trade

Eleventh Circuit Rejects Sherman Act Claim that Acquisition Turned JV into Illegal Restraint of Trade "In this Sherman Act, 15 U.S.C. § 1, antitrust case, Procaps S.A. (“Procaps”) sued its former joint venture partner,…more
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New Antitrust Risks from Introducing New Drugs

By David Burns and Howard Morse Recent court decisions and statements by federal and state antitrust enforcers regarding “product hopping”— the practice of introducing a new version of an existing drug allegedly to discourage…more
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Federal Antitrust Authorities Step Up Merger Enforcement - Recent Victories Buoy Enforcers

By Howard Morse, Megan Browdie and Natalie Hayes Obama Administration antitrust enforcers have faced criticism over the last year for not being sufficiently aggressive, allegedly leading to concentrated industries to the…more
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FTC v. AT&T Mobility: Ninth Circuit "Throttles" FTC Jurisdiction

Cooley Alert By Dee Bansal, Michael Basile, Parker Erkmann, JG Harrington and Howard Morse The US Court of Appeals for the Ninth Circuit, on August 29, issued a decision that exempts "common carriers" from Federal Trade…more
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Antitrust Agencies Release Update to IP Licensing Guidelines for Comment

The Antitrust Division of the Department of Justice (DOJ) and Federal Trade Commission (FTC) are seeking public comment on a proposed update to the agencies' Antitrust Guidelines for the Licensing of Intellectual…more
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FTC Finds Failure to Implement Data Security Practices "Unfair"

On July 29, 2016, the Federal Trade Commission (FTC) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held that LabMD engaged…more
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Shareholder Activism and HSR Collide: DOJ Obtains Record Fine from ValueAct

Cooley Alert By Jacqueline Grise, Tanisha James, and Howard Morse The Department of Justice Antitrust Division announced on July 12 that ValueAct Capital agreed to pay a record $11 million civil penalty to settle claims that…more
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Antitrust Risks in Settling Hatch-Waxman Patent Litigation: Learning Since Actavis

Antitrust Risks in Settling Hatch-Waxman Patent Litigation: Learning Since Actavis By Megan Browdie and Howard Morse [published in the FDLI Update Magazine, March-April 2016] The U.S. Supreme Court waded into the murky…more
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FTC Challenges "No AG" Agreement as Illegal Reverse Payment

On March 30 the US Federal Trade Commission filed suit in federal court alleging that settlements of patent litigation in the pharmaceutical industry in which a pioneer firm agrees not to market an "authorized generic" violate…more
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Enforcement Against Lord & Taylor Proves FTC Serious About Native Advertising Guidelines

Less than three months after the Federal Trade Commission issued new guidelines on native advertising, the agency announced an enforcement action against national retailer Lord & Taylor. The FTC alleged on March 16, 2016 that…more
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Revised 2016 Hart-Scott-Rodino Antitrust Thresholds – Effective February 25, 2016

Filing thresholds under the Hart-Scott-Rodino (HSR) Act will increase by about 2.5%, effective February 25, 2016, raising the level that a transaction’s value must exceed to trigger a filing from $76.3 million to $78.2 million…more
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Top 10 Antitrust Developments and Trends to Watch in 2016

By David Burns, Jacqueline Grise, and Howard Morse, Cooley LLP Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the…more
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Back in the Limelight: Innovation as Antitrust Violation

By Howard Morse and David Burns, Cooley LLP Lawyers may not instinctively think about antitrust risk when their clients introduce new products. After all, innovation—building a better mousetrap—is a central aim of antitrust…more
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FTC Enforcement Powers Limited in LabMD Data Security Case

Cooley LLP Alert By Matthew D. Brown, Stephanie Cason, Scott Dailard, Howard Morse and Randy Sabett Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches…more
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