The Seventh Circuit issued this week a long-awaited opinion in the HUMIRA antitrust litigation, UFCW Local 1500 Welfare Fund v. AbbVie Inc., Case No. 20-2402. The appeal is from the Northern District of Illinois’s...more
On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more
7/15/2021
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Biosimilars ,
Competition ,
Data Collection ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Employee Benefits ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Health Insurance ,
Horizontal Mergers ,
Hospitals ,
Joint Statements ,
Licensing Rules ,
Merger Reviews ,
Mergers ,
Non-Compete Agreements ,
Online Marketplace ,
Pharmaceutical Industry ,
Prescription Drugs ,
Rulemaking Process ,
Surveillance ,
Technology Sector ,
Unfair Competition ,
Vertical Mergers ,
Wage and Hour
The U.S. Supreme Court dealt a blow to the U.S. Federal Trade Commission (“FTC”) in a recent decision that eliminated the agency’s ability to seek monetary remedies in enforcement actions in federal court. This new ruling has...more
A federal court on Tuesday denied the FTC’s request to enjoin the merger of Thomas Jefferson University and the Albert Einstein Healthcare Network, two hospital systems in the Philadelphia area. After a six-day hearing that...more
In a much anticipated opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court decision holding that Qualcomm violated U.S. antitrust laws in its licensing of standard-essential patents in...more
8/12/2020
/ 5G Network ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Appeals ,
Breach of Contract ,
Contract Disputes ,
Corporate Counsel ,
Exclusive Dealing Agreements ,
Federal Trade Commission (FTC) ,
FRAND ,
Intellectual Property Protection ,
IP License ,
Patents ,
Popular ,
Qualcomm ,
Royalties ,
Standard Essential Patents
As consumers continue to seek essential goods to address the COVID-19 pandemic, U.S. law enforcement agencies have made clear that they will be focused on identifying and challenging instances of price gouging. Indeed, last...more
After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more
In the ongoing battles over the antitrust treatment of pharmaceutical patent settlements, the Federal Trade Commission and private industry have not agreed on much. But a recent FTC amicus brief appears to signal a high level...more
Each year, the Federal Trade Commission (“FTC”) adjusts the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) based on changes in gross national product. On January 21, 2016,...more
Generally speaking, stock purchases which will cause an investor to hold more than $76.3 million of the target’s voting securities may require a pre-closing notification under the Hart-Scott-Rodino (“H-S-R”) Act. But there...more
8/28/2015
/ Acquisitions ,
Board of Directors ,
Exemptions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investment Funds ,
Minority Shareholders ,
Notice Requirements ,
Passive Activity ,
Shareholder Activism ,
Stock Purchase Agreement ,
Target Company ,
Voting Securities ,
Yahoo!
The talk of the financial press and venture community during the first half of 2015 has been of private IPOs and unicorns. And for good reason. According to CB Insights, there are more than 588 investor-backed tech companies...more
Background – the HSR Act:
Under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), acquisitions of voting securities, assets and other commercial interests which exceed certain monetary thresholds...more
Last week, the FTC adjusted the reporting thresholds for 2014 as required by the H-S-R Act. The interlocking directorate thresholds under Section 8 of the Clayton Act have also been adjusted. The adjustments will become...more
The FTC has expanded the types of exclusive patent transfers that may be reportable under the HSR Act. Effective December 16, 2013, the FTC will consider patent transfers to be exclusive and potentially subject to the HSR Act...more