The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms...more
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
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023.
The Proposed...more
7/25/2023
/ Antitrust Division ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Proposed Guidance ,
Supply Chain ,
Vertical Mergers
On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more
WHAT HAPPENED -
During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more
On January 21, 2022, the US Federal Trade Commission (FTC) announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product...more
JULY – SEPTEMBER 2021: HIGHLIGHTS -
UNITED STATES -
• The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more
10/29/2021
/ Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
EU ,
EUMR ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Jurisdictional Thresholds ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
The US Federal Trade Commission (FTC) voted July 21, 2021, to repeal a 1995 policy statement that eliminated prior approval and prior notice provisions from most merger settlements. In repealing this longstanding policy—and...more
President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more
7/15/2021
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Investigations ,
Mergers ,
Preliminary Injunctions ,
Provider Relief Fund
The US Federal Trade Commission (FTC) yesterday released decreased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product (GNP). They...more
In the midst of the Coronavirus (COVID-19) pandemic, states are closely monitoring companies’ pricing of personal protective equipment, food and other essential supplies. This On the Subject offers an overview of state price...more
The US Court of Appeals for the First Circuit held that pharmaceutical companies that wrongly list patents in FDA’s Orange Book must prove they acted in good faith to avoid antitrust liability. In re Lantus Direct Purchaser...more
3/6/2020
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Food and Drug Administration (FDA) ,
Orange Book ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sanofi-Aventis ,
Sherman Act
Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter...more
2/14/2020
/ Acquisitions ,
Advertising ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Digital Media ,
EU ,
French Competition Authority ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Monopolization ,
Online Platforms ,
Proposed Legislation ,
Regulatory Standards ,
Sprint ,
T-Mobile ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
The US Federal Trade Commission today announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors...more
1/29/2020
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern...more
1/16/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Cartwright Act ,
Case Consolidation ,
Civil Monetary Penalty ,
Class Action ,
Disgorgement ,
Employer Group Health Plans ,
Final Judgment ,
Health Care Providers ,
Hospitals ,
Monopolization ,
Private Right of Action ,
Qualified Health Plans ,
Settlement Agreements ,
State Attorneys General ,
Sutter Health ,
United Food and Commercial Workers Union
December 19th, 2019, the Environmental Protection Agency (EPA) announced its approval of 10 new pesticides for use on hemp products. EPA’s approval of nine biopesticides and one conventional pesticide provides greater...more
12/23/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Comment Period ,
Decriminalization of Marijuana ,
Department of Agriculture ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
GRAS ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Interim Final Rules (IFR) ,
Marijuana ,
Marijuana Related Businesses ,
Pesticides ,
Proposed Rules ,
Public Comment ,
Regulatory Authority ,
USDA
WHAT HAPPENED:
• On September 4, 2019, the US Department of Justice’s Antitrust Division (DOJ) sued to block Novelis Inc.’s proposed $2.6 billion acquisition of Aleris Corporation.
• DOJ alleged that the transaction would...more
10/14/2019
/ ABS ,
Acquisitions ,
Antitrust Division ,
Antitrust Investigations ,
Arbitration ,
Arbitrators ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Divestiture ,
Federal Trade Commission (FTC) ,
Mergers
On Friday May 31, 2019, the Food and Drug Administration (FDA) held a public hearing on the topic of cannabis or cannabis-derived compounds. The FDA held the hearing to gather information regarding the safety risks and health...more
6/7/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
GRAS ,
Health and Safety ,
Hemp ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Public Comment ,
Public Hearing
Last week, the Massachusetts Supreme Judicial Court upheld a $2.6 million fine against beer wholesaler Craft Brewers Guild (a Sheehan family-owned company) for violating anti-price discrimination statutes and commercial...more
3/8/2019
/ Bribery ,
Distributors ,
Enforcement Actions ,
Kickbacks ,
MA Supreme Judicial Court ,
Pay-To-Play ,
Price Discrimination ,
Rebates ,
Regulatory Oversight ,
Retailers ,
Wholesale ,
Wine & Alcohol
UNITED STATES: OCTOBER - DECEMBER 2018 UPDATE -
Both the Department of Justice (DOJ) and the Federal Trade Commission (FTC) were very active in the final quarter of 2018, closing seven cases that required in-depth...more
3/8/2019
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Provisions ,
Big Data ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Vertical Mergers
The US Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new Technology Task Force that will investigate anticompetitive conduct, review past transactions, as well as contribute to pending...more