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Anti-Obesity Medications: Noteworthy Developments as Policymakers Weigh Coverage Considerations

Key Points - GLP-1 agonists have ushered in a new era in anti-obesity medication policy considerations against the backdrop of a continued focus by policymakers on both drug access and pricing. CMS has taken steps to clarify...more

The Road Ahead for Private Equity: Antitrust and Merger Control

Recent actions by antitrust agencies globally deliver on their promises for increased scrutiny of private equity sponsored transactions and strategies in at least three ways....more

The Road Ahead for Private Equity: Reflections and Predictions

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

FTC Updates HSR Filing Fees and Revises Thresholds for 2024; Minimum Size for Reportable Transactions Increases to $119.5 Million

Key Points - The HSR Act requires parties that meet certain transaction size and other tests to file premerger notification forms for mergers and other transactions with both the Federal Trade Commission (FTC) and...more

Recent FTC Merger Settlement Signals Increased Antitrust Agency Concerns about Coordination from Competitor Entanglements

Key Takeaways - An FTC merger settlement in the $5.2 billion transaction between EQT and Quantum, two producers of natural gas in the Appalachian Basin, signals the antitrust agencies’ new approach to analyzing the potential...more

The Agencies Release Consolidated Merger Guidelines: Insights from the Latest Signal for Expanded Merger Enforcement

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (collectively, the “Agencies”) issued a draft update of the Merger Guidelines (hereinafter, the “Proposed...more

Antitrust Agencies’ Proposed Changes to the HSR Form Will Dramatically Increase the Burden on Filers

For the first time in nearly 45 years, the Federal Trade Commission (FTC), with support from the Antitrust Division of the Department of Justice (DOJ) (collectively, the “Agencies”), proposed a complete redesign of the...more

From Private Equity Ownership to PBMs and Drug Pricing: Congress Scrutinizes the Health Care Industry

Congress is taking a closer look at business practices in the health care sector and considering bipartisan reforms in light of increasing consolidation and its perceived affects on patient access and affordability. Various...more

SCOTUS Decision Sets Up Constitutional Challenges to FTC Administrative Proceedings

Key Points - In a unanimous decision, the Supreme Court held in Axon v. FTC that the FTC Act (and the SEC Act) do not prohibit a federal court from hearing challenges to the constitutionality of either Commission’s...more

Congress Urges FTC Scrutiny of the Life Sciences Industry: Will This Be a New Chapter in the Administration’s Drug Pricing...

On February 13, 2023, U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, sent a letter to the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC)...more

The Drug Pricing Drumbeat Continues: IRA Update and Key Areas to Watch in 2023

The Biden-Harris administration and Congress appear poised to continue focusing on drug pricing issues this year, most notably with the Centers for Medicare & Medicaid Services moving forward with implementation of the drug...more

New HSR Filing Fee Structure for 2023

Key Points - On December 29, 2022, President Biden signed the Fee Modernization Act into law as part of the $1.7 trillion omnibus government spending bill. The Fee Modernization Act substantially increases HSR filing...more

Lessons from Three Antitrust Agency Losses in Three Merger Trials

Key Takeaways - The antitrust agencies have lost three litigated merger challenges in less than one month. The DOJ Antitrust Division lost challenges to UnitedHealth/Change and U.S. Sugar/Imperial Sugar while the FTC lost...more

$85 Million Poultry Processor Wage-Fixing Settlement Provides Valuable Antitrust- and Privacy-Related Compliance Lessons for HR...

Key Points - As part of the antitrust agencies’ public commitment to investigate and prosecute competitive harm in labor markets, the DOJ Antitrust Division fined three major U.S. poultry processors and a data consulting...more

Bureau of Competition Rescinds Treatment of Debt as Consideration under the Hart-Scott-Rodino Antitrust Improvements Act

Key Takeaways - Prior informal interpretations from the Premerger Notification Office have permitted companies to exclude debt paid off at closing from the calculation of the statutory size of transaction test, under...more

FTC and DOJ Announce Temporary Suspension of Early Termination Grants

Key Points Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) have temporarily suspended discretionary grants of early termination of the waiting period under the Hart-Scott-Rodino (HSR)...more

Competitive Health Insurance Reform Act Signed Into Law, Repeals More Than Half-Century-Old Antitrust Exemption for US Health...

Key Points - Until recently, the McCarran-Ferguson Act of 1954 made the “business of insurance,” including the business of health insurance, immune from federal antitrust laws. - The Competitive Health Insurance Reform...more

FTC Revises HSR Thresholds; Minimum Size for Reportable Transactions Decreases to $92 Million—First Decrease Since 2010

Key Points - The Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 requires parties that meet certain transaction size and other tests to file premerger notification forms with both the Federal Trade Commission...more

Litigating During COVID: What You Need to Know [Audio]

In this episode, Akin Gump antitrust partners Gorav Jindal and Corey Roush, fresh off a two-week trial, discuss the nuts and bolts of litigating during the COVID-19 pandemic. Among the topics covered: - Antitrust litigation...more

FTC Revises HSR Thresholds; Minimum Size for Reportable Transactions Increases to $94 Million

- The Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires parties that meet certain transaction size and other tests to file premerger notification forms with both the Federal Trade Commission and Department of...more

A Fresh Approach to No-Poach Provisions in Franchise Agreements

• The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have indicated in the past that they believe that certain agreements between employers not to poach each other’s employees are...more

Podcast: Antitrust: Looking Back and Looking Forward

In this episode, Akin Gump antitrust partners Gorav Jindal and Corey Roush discuss antitrust developments in 2018 and look at what 2019 may bring. Among the topics covered: • antitrust under the Trump administration • major...more

FTC Revises Hart-Scott-Rodino Thresholds; Minimum Size for Reportable Transactions Increases to $84.4 Million

• The Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires parties to transactions meeting certain size and other tests to file premerger notification forms with both the Federal Trade Commission and Department of...more

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