The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more
4/15/2024
/ American Bar Association (ABA) ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement ,
FDIC ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
No-Poaching ,
Non-Compete Agreements ,
Robinson-Patman Act ,
Settlement ,
Sherman Act ,
The Clayton Act
Recently, in a rarely considered question, the US District Court of Massachusetts held that the American Red Cross (ARC), a federally chartered corporation, is not subject to liability under the Sherman Antitrust Act (Sherman...more
A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more
1/10/2024
/ Antitrust Division ,
Antitrust Violations ,
Appeals ,
Bid Rigging ,
Bids ,
Collaboration ,
Commercial Litigation ,
Competition ,
Convictions ,
Department of Transportation (DOT) ,
Per Se Rule ,
Price-Fixing ,
Rule-of-Reason Analysis ,
Sherman Act
The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading...more
4/4/2023
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Division ,
Antitrust Investigations ,
Community to Purchase Act (COPA) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Healthcare ,
Hospitals ,
Joe Biden ,
Mergers ,
Private Equity ,
Robinson-Patman Act ,
Sherman Act ,
Spoliation
The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of...more
The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration...more
4/22/2021
/ Anti-Competitive ,
Antitrust Litigation ,
Appeals ,
Drug Pricing ,
Generic Drugs ,
Manufacturers ,
Monopolization ,
Patents ,
Pharmaceutical Industry ,
Sherman Act ,
Statute of Limitations ,
The Clayton Act
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more
6/21/2019
/ Acquisitions ,
Acute Facilities ,
Anti-Competitive ,
Appeals ,
Blocked Mergers ,
Civil Monetary Penalty ,
Consent Decrees ,
Consumer Protection Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Hospitals ,
New Legislation ,
Notification Requirements ,
Physicians ,
Preliminary Injunctions ,
Price-Fixing ,
Purchase Agreement ,
Reporting Requirements ,
Section 7 ,
Service Agreements ,
Settlement Agreements ,
Sherman Act ,
Size of Transaction Test ,
State Attorneys General ,
The Clayton Act
Yesterday, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act by maintaining its monopoly...more
On Monday, September 11, Tri-Union Seafoods LLC, the US subsidiary of Thai Union Group, announced it blew the whistle on competitors in the US Department of Justice’s (DOJ) investigation of the packaged seafood industry. The...more
On Thursday, August 13, 2015, the Federal Trade Commission (FTC) released a Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act. The statement was passed by a 4–1 vote,...more
On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which...more