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
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
The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more
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 Although the withdrawn statements focus on...more
Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more
3/16/2022
/ Antitrust Division ,
Arbitration Agreements ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Independent Contractors ,
Memorandum of Understanding ,
Non-Compete Agreements ,
U.S. Treasury
KOREA WEBINAR SERIES 2021 -
In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
9/9/2021
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Audits ,
Collusion ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Green Deal ,
Korea ,
Mergers ,
Procurement Collusion Strike Force ,
Public Procurement Policies ,
Risk Mitigation ,
Technology Sector ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration,...more
The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed...more
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws,...more
Government contractors should be aware that the Department of Justice (DOJ) is taking new steps to scrutinize public procurement. The DOJ Antitrust Division’s creation of the Procurement Collusion Strike Force (PCSF) means...more
11/7/2019
/ Antitrust Division ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Criminal Fines ,
Criminal Conspiracy ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud and Abuse ,
Guilty Pleas ,
Public Procurement Policies ,
The Clayton Act
Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased...more
6/6/2019
/ Anticompetitive Behavior ,
Antitrust Division ,
Audits ,
Bid Rigging ,
Competition ,
Criminal Prosecution ,
Department of Defense (DOD) ,
Federal Contractors ,
Fraudulent Procurement ,
Guilty Pleas ,
White Collar Crimes
The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health...more
In this Special Report, we highlight notable trends in antitrust litigation involving health care providers over the past two and a half years. Our complimentary update identifies the types of cases filed against providers,...more
On April 27, 2018, the United States Senate confirmed President Trump’s five nominees for Commissioners of the Federal Trade Commission (FTC). Three are Republicans: Chairman Joseph Simons, Noah Phillips and Christine Wilson,...more
Manufacturers of optical disk drives defeated electronics companies’, retailers’ and indirect purchaser plaintiffs’ conspiracy claims after seven years of litigation. On December 18, the US District Court for the Northern...more
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider...more
3/3/2015
/ ACOs ,
Acquisitions ,
Affordable Care Act ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Hospitals ,
Mergers