Antitrust Investigations

News & Analysis as of

Provider Mergers: The Need for Early Antitrust Advice

Given the Federal Trade Commission’s (FTC’s) aggressive antitrust enforcement program attacking provider mergers in hospital, physician, and other markets, it’s become extremely important for those considering a merger to...more

Private Antitrust Damage Actions in China: An Emerging Force?

China has emerged as a global power in merger review with surprising speed. Does the surge in private antitrust litigation suggest a similar pattern? Introduction - This Client Alert provides a general description...more

Health Care Matters, Summer 2016

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest...more

ACCC investigations: A short guide on what to do and how to prepare

The Australian Competition and Consumer Commission (ACCC) has powers to investigate potential breaches of competition and consumer law in Australia – including cartel conduct, anti-competitive arrangements, misuse of market...more

Inside M&A - August 2016

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

Alert: European Commission Closes Pay-TV Antitrust Investigation of Paramount Following Acceptance of Commitments

On 26 July, the European Commission (EC) announced that it was closing its antitrust investigation of Paramount Pictures, following its acceptance of binding commitments from Paramount not to enforce certain restrictions in...more

Corporate Law & Governance Update - August 2016

The Hershey Governance Settlement - On Friday, July 29, the Pennsylvania Attorney General, the Hershey Trust Company and the Milton Hershey School, entered into a written settlement resolving an investigation conducted...more

DOJ Continues to Monitor Interlocking Corporate Directorates with Restructuring of Tullett Prebon’s Acquisition of ICAP

On July 14, 2016, the US Department of Justice (DOJ) announced that the restructuring of a planned $1.5 billion transaction between Tullett Prebon Group Ltd. (Tullett Prebon) and ICAP plc adequately addresses the DOJ’s...more

European Commission accepts Paramount Pictures' commitments as part of its ongoing investigation into the major US film studios

On 26 July 2016, the European Commission announced its acceptance of certain commitments by Paramount Pictures relating to the ongoing investigation into licensing agreements between the six major US film studios (Disney,...more

Health Law Pulse - July 2016

On June 14, 2016, a federal district court in the Northern District of Illinois denied a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger of Advocate Health Care...more

2016/07/13 DAMITT Q2 2016 Update

Fast Facts - - Significant merger investigations during the first half of 2016 lasted 9.5 months on average—on par with CY2015, but more than 30 percent longer than from 2011 to 2013. - In the first half of 2016,...more

DOJ and FTC Encourage Competition Between Lawyers and Non-Lawyers in the Provision of Legal Services in Comments on North Carolina...

On June 10, 2016, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly submitted a letter recommending that the North Carolina General Assembly limit the definition of the “practice of law” only...more

U.S. Department of Justice Sues North Carolina Hospital System for Insisting on Anti-Steering Provisions in Insurance...

On June 9, 2016, the Antitrust Division of the United States Department of Justice (“DoJ”) filed a complaint against the Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Health Care System (“CHS”) in the United...more

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

The State of Umbrella Damages in Canadian Antitrust Litigation

Judges in Ontario and B.C. have reached different decisions on whether cartel members may be liable for umbrella pricing. These two cases of first impression may be headed for the Supreme Court of Canada. ...more

Dawn raids: How to prepare for, manage, and mitigate the increasing risk to multinational tech companies

Dawn raids and enforcement actions throughout Europe are becoming more and more prevalent. And increasingly, the targets of these raids are multinational tech companies with foreign headquarters, which through their global...more

Lessons Learned – The State of Affairs in US Merger Review

In Depth - In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions....more

"Big Data Enters the Agenda of EU Antitrust Authorities"

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that...more

Sounding the Alarm: White House Agency Warns of Decreasing Competition Across U.S. Economy

The Council of Economic Advisors, a White House agency charged with advising the president on economic policy, recently issued a report, Benefits of Competition and Indicators of Market Power, addressing the state of...more

ABA Antitrust Section’s Spring Meeting—What You Need to Know

The American Bar Association held its 64th annual Antitrust Law Spring Meeting April 5–8, 2016, in Washington, D.C. Over 3,000 practitioners, enforcers, economists and academics from around the world came together to discuss...more

Antitrust Division Focuses Enforcement Efforts on Individuals Behind International Cartels

The Antitrust Division of the U.S. Department of Justice is vigorously pursuing civil and criminal actions against individuals—and not simply the companies they run. Just last month, Assistant Attorney General Bill Baer...more

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more

U.S. International Trade Commission Announces Investigation Examining Global Competitive Conditions Affecting the U.S. Aluminum...

Background - On April 6, 2016, the ITC announced the initiation of an investigation to examine global competitive conditions affecting the U.S. aluminum industry. The ITC’s investigation was requested by the House...more

DAMITT: Is the Use of Upfront Buyers Causing Longer Merger Investigations? Q1 2016 Update Confirms 2015 Trends

The Trend of Longer Investigations Continues - Significant merger investigations lasted 9.5 months on average over the 12 months ending Q1 2016, about 20% longer than the 8.0 month average over the prior 12 months. The...more

State Bill Seeks to Shield Hospital Mergers From Antitrust Challenge

On March 12, the West Virginia legislature passed a bill that would exempt state healthcare providers from federal antitrust scrutiny when acting under the jurisdiction of the West Virginia Health Care Authority (Authority)....more

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