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Antitrust Conversations: Antitrust Litigation
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U.S. International Trade Commission
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III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Instapundit: America's IP Laws Need to be "Pruned Back"
In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more
On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was...more
A recent U.S. Federal Trade Commission (“FTC”) antitrust lawsuit against a private-equity owner of a large anesthesiology practice in Texas demonstrates that the FTC has begun to implement its more aggressive focus on the...more
The Federal Trade Commission (FTC) has had a lively week. On Monday, President Joe Biden renominated Democratic Commissioner Rebecca Kelly Slaughter to the FTC. Then, on Tuesday, Republican Commissioner Christine Wilson...more
On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more
Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set...more
In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more
Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more
The Seventh Circuit recently confirmed that Actavis is the appropriate framework to assess biosimilar patent settlements, despite the differences in the regulatory structure—the first appellate court ruling on this issue. In...more
The Federal Trade Commission (FTC) has revised and refiled its complaint against Facebook, once again asserting Facebook throttled competition in the market for “personal social networking services.” The revised complaint...more
HSR Act-driven Second Request responses require an uncommon balance of understanding, expertise, and experience to successfully deliver certified compliant responses. Recent FTC and DOJ updates, coupled with the increasing...more
Last week, in FTC v. AbbVie et al., the Third Circuit joined the Seventh Circuit in holding that the Federal Trade Commission (FTC) was not authorized to seek disgorgement as a remedy under Section 13(b) of the FTC Act –...more
Bad press. Burdensome and costly document and data collections. Unpredictable outcomes. The sometimes-slow pace of justice. It’s easy to understand why parties often prefer early settlement to fighting a lawsuit through trial...more
In this episode, Akin Gump antitrust partners Gorav Jindal and Corey Roush discuss antitrust developments in 2018 and look at what 2019 may bring. Among the topics covered: • antitrust under the Trump administration • major...more
In the Matter of Your Therapy Source, LLC – is the most recent example of federal antitrust enforcers’ increasing interest in curtailing anticompetitive conduct in employee markets, which was first announced when the Federal...more
In a novel interpretation of the Federal Trade Commission (FTC) Act, the U.S. District Court for the District of Delaware recently held in FTC v. Shire ViroPharma that the FTC had failed to plead the facts necessary to invoke...more
As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more
Even with a reduced lineup of only two commissioners — the Republican Acting Chair and one Democratic Commissioner — the Federal Trade Commission (the “FTC” or “Commission”) filed an administrative complaint this week against...more
The Federal Trade Commission (“FTC”) and the State of Illinois successfully concluded their challenge to the proposed merger of Advocate Health Care and NorthShore University Health System earlier this month, when the U.S....more
On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three...more
Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more
Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more
On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more
Last week we posted a discussion concerning effective antitrust corporate compliance programs, and provided some factors that in-house counsel should consider in developing compliance programs governing employees’...more
The Federal Trade Commission (“FTC” or “Commission”) has often stated that merger analysis requires more than a simplistic determination that high market concentration leads to anticompetitive effects. Still, the antitrust...more