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Hart-Scott-Rodino Notification Thresholds to Increase and Filing Fees to Change

Beginning on 27 February 2023, the minimum value for transactions potentially requiring the filing of a Premerger Notification and Report Form under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the...more

Hart-Scott-Rodino Notification Thresholds to Increase

Beginning on 23 February 2022, transactions valued at more than US$101 million may require the filing with the antitrust agencies of a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act...more

FTC Increases Risk For Acquirers By Extending Time For Review Beyond the Hart-Scott Waiting Period

Citing a shortage of resources to respond to a “tidal wave of merger filings,” the Federal Trade Commission (FTC) has begun sending letters (Warning Letters) to the parties to many mergers and acquisitions that it has not...more

Supreme Court Holds the FTC Act Gives No Authority to Bypass Administrative Cease-And-Desist Orders

In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act1 (FTC Act) to obtain restitution of...more

Ninth Circuit Overturns FTC-Requested Injunction Against Refusal To License Standard Essential Patents

In a decision that is potentially important for licensors as well as licensees of standard essential patents (SEPs), a panel of the Ninth Circuit has vacated an injunction that the U.S. District Court for the Northern...more

How Often Will the FTC Use Its Recently Reaffirmed Authority to Compel Disgorgement?

The U.S. District Court for the Eastern District of Pennsylvania recently granted the Federal Trade Commission’s (“FTC”) request to compel a branded pharmaceutical company to disgorge $448 million in profits....more

FTC Offers Advice on Avoiding Violations in Pre-Merger Negotiations and Due Diligence

The Federal Trade Commission (“FTC”) recently published advice to businesses on avoiding violating the antitrust laws during merger negotiations and due diligence. Businesses engaging in mergers, acquisitions, and joint...more

Third Circuit Says Actavis Not Limited to Cash

In the first decision by a federal appeals court interpreting the U.S. Supreme Court’s landmark ruling in FTC v. Actavis, the Third Circuit recently held in King Drug Co. of Florence v. SmithKline Beecham Corp. that so-called...more

Supreme Court Applies Rule of Reason in Antitrust Challenges to Reverse-Payment Patent Settlements

One of the most controversial antitrust issues for the pharmaceutical industry during the last decade has been the treatment of patent settlements in which a patent-holding branded manufacturer made payments to its generic...more

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