U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare.
On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more
8/2/2024
/ Acquisitions ,
Antitrust Provisions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Investment ,
Mergers ,
Popular ,
Private Equity ,
Sherman Act ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more
5/23/2024
/ Antitrust Division ,
Collusion ,
Data Protection ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Investigations ,
Monopolization ,
Patients ,
Private Equity ,
Technology
The Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice Antitrust Division earlier this year released a joint statement reiterating document preservation obligations for companies and...more
4/11/2024
/ Antitrust Division ,
Antitrust Litigation ,
Department of Justice (DOJ) ,
Document Preservation Notices ,
Electronic Communications ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Guidance Update ,
Hart-Scott-Rodino Act ,
Instant Messaging Apps ,
Pre-Merger Filing Requirements ,
Slack ,
Text Messages
The Federal Trade Commission’s Bureau of Competition and the Department of Justice Antitrust Division released a joint statement reiterating document preservation obligations for companies and individuals that are the subject...more
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. As is our annual practice, this alert identifies...more
1/30/2024
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Department of Justice (DOJ) ,
Fair Market Value ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Penalties ,
Section 8 ,
The Clayton Act ,
Threshold Requirements
The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released the 2023 Merger Guidelines on December 18, 2023. Following a 60-day public comment period that solicited over 30,000 comments from a variety...more
On the heels of the historic proposed changes to the Hart‑Scott‑Rodino (“HSR”) merger review process, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission released the 2023 Draft Merger...more
On June 29, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking that would dramatically expand HSR reporting requirements. The historic changes fundamentally alter the HSR reporting landscape,...more
7/12/2023
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Limited Partnerships ,
Mergers ,
Non-Controlling Interests ,
Notice of Proposed Rulemaking (NOPR) ,
Reporting Requirements ,
White Papers
A Unique Resource for Businesses Managing Price Gouging Compliance -
The Proskauer on Price Gouging Compendium provides a detailed analysis of price gouging statutes over the 2020 to 2023 pandemic period, covering how...more
New York Attorney General Letitia James announced new price gouging rules intended to clarify New York’s price gouging law, N.Y. Gen. Bus. Law §396-r, earlier this month. The proposed rules seek to address many of the...more
Primary HSR filing threshold will be increased to $111.4 million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior...more
New York State Attorney General Letitia James has filed a petition to compel Tyson Foods to comply with a subpoena in connection with ongoing price gouging investigations by the state. New York’s price gouging statute...more
Two federal price gouging bills were recently introduced in Congress. Senator Elizabeth Warren led the introduction of the Price Gouging Prevention Act of 2022. The bill prohibits “unconscionably excessive price[s]” at any...more
5/20/2022
/ Baby Products ,
Biden Administration ,
Corruption ,
Defense Production Act ,
Goods or Services ,
Price Gouging ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
A proposed amendment to Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, could clarify the evidentiary burden on proponents of expert testimony and a court’s role regarding...more
Proskauer, with co-counsel Public Counsel and Squire Patton Boggs, has filed a complaint in Arizona Federal Court on behalf of a mother and daughter from Guatemala who were forcibly separated after crossing the U.S.-Mexico...more
With the Biden administration ramping up scrutiny on supply chains and pricing practices, businesses should take a moment to revisit their COVID-19 price gouging compliance. As we’ve previously highlighted, risk management...more
3/21/2022
/ Antitrust Provisions ,
Antitrust Violations ,
Doing Business ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
Regulatory Standards ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
In an interview on All In with Chris Hayes in January, Sen. Elizabeth Warren, D-Mass., claimed that a factor causing the high prices facing U.S. consumers is “giant corporations who say, wow, a lot of talk about high prices...more
Primary HSR filing threshold will be increased to $101 million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for prior year...more
1/27/2022
/ Antitrust Division ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
New York Governor Kathy Hochul has declared a disaster emergency for the state through January 15, 2022 in the wake of rising COVID-19 cases in the state and the newly identified Omicron variant. According to The Wall Street...more
12/2/2021
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Goods or Services ,
Infectious Diseases ,
New York ,
Price Gouging ,
Price Inflation ,
Retail Market ,
State of Emergency ,
Supply and Demand ,
Supply Chain ,
Unfair or Deceptive Trade Practices
As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more
11/2/2021
/ Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Enforcement Actions ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Putative Class Actions ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them on notice of civil penalties up to $43,792 per violation if they use...more
10/29/2021
/ Endorsements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Section 5 ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...more
9/30/2021
/ Algorithms ,
Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Corruption ,
E-Commerce ,
Goods or Services ,
Most-Favored Nations ,
Price Gouging ,
Price Inflation ,
Putative Class Actions ,
Third-Party Risk ,
Unfair or Deceptive Trade Practices
A Ninth Circuit panel recently affirmed dismissal of a putative consumer class action alleging Trader Joe’s misleadingly labeled its store brand honey as “100% New Zealand Manuka Honey,” where plaintiffs’ pollen content...more
8/10/2021
/ Advertising ,
False Advertising ,
Food & Drug Regulations ,
Food Labeling ,
Food Manufacturers ,
Grocery Stores ,
Honeybees ,
Misleading Statements ,
Putative Class Actions ,
Retail Market ,
Trader Joes