In the wake of the coronavirus pandemic's ravage on industries, markets, and entire economies, businesses are seeking help from the government, whether in the form of a bailout or some regulatory accommodation. Industries...more
Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case. The bigger the market, the...more
7/10/2019
/ Antitrust Conspiracies ,
Antitrust Litigation ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Discovery ,
Employment Litigation ,
Federal Rule 12(b)(6) ,
FRCP 12(f) ,
FRCP 23 ,
FRCP 23(f) ,
Joint and Several Liability ,
No-Poaching
There was a time not long ago when the odds of beating the Federal Trade Commission on a hospital merger antitrust challenge were slim. Two recent defeats, however, may change that some. Late last year, the FTC, in quick...more
Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more
4/20/2016
/ American Bar Association (ABA) ,
Anti-Competitive ,
Antitrust Litigation ,
Baker Hughes ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Forex ,
FTC v Actavis ,
FTC v. Phoebe Putney Health System ,
Halliburton ,
Libor ,
Mergers ,
NC Board of Dental Examiners v FTC ,
REMS ,
SCOTUS ,
The Clayton Act ,
Yates Memorandum
The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more
In a closely-watched post-merger challenge, the Ninth Circuit this week sided with the FTC and affirmed an Idaho federal court's determination that the 2012 merger of two health care providers in the same city violated...more
The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more
Continued strong antitrust enforcement under the Hart-Scott-Rodino Act (HSR) reminds us that HSR compliance issues can arise in unexpected places. When Berkshire Hathaway Inc. acquired voting securities of Symetra Financial...more
In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission...more
11/25/2013
/ Actavis Inc. ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Litigation ,
Competition ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Pharmaceutical Industry ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Settlement