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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 March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more
The Federal Trade Commission’s suit alleging U.S. Anesthesia Partners (USAP) and Welsh Carson, a private equity fund that owns 23 percent of USAP and controls two of 14 board seats, engaged in an anticompetitive scheme to...more
As artificial intelligence (AI) continues to permeate the health care industry (and every other part of American life), the industry should be attentive to the risk of anticompetitive conduct arising from reliance on AI and...more
University of North Carolina women’s tennis standout Reese Brantmeier has filed a class action complaint in the U.S. District Court for the Middle District of North Carolina alleging that the NCAA imposed “arbitrary and...more
Summary - Government antitrust enforcers and plaintiffs’ class action lawyers are increasingly focusing on algorithmic pricing software programs used in various sectors of the real estate market. Driving this focus is...more
Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Senate Judiciary Committee’s December 13, 2023 hearing...more
Since the Antitrust Division's March 2022 announcement that it would once again consider and bring criminal charges for violations of Section 2 of the Sherman Act, DOJ has resisted calls for guidance about what conduct would...more
Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more
The Federal Trade Commission (FTC) has reinforced its aggressive stance on enforcing antitrust laws by filing a federal lawsuit against Amazon on September 26, 2023. Seventeen other states have also joined in this legal...more
The United States Department of Justice (DOJ) actively enforces the Sherman Act within the U.S. and internationally. Generally described, the Sherman Act is a powerful statutory scheme designed to prohibit anti-competitive...more
The U.S. Department of Justice Antitrust Division ("DOJ") recently resolved a criminal case with Teva Pharmaceuticals and Glenmark Pharmaceuticals via deferred prosecution agreements ("DPAs"), which include a novel remedy for...more
The Antitrust Division has been active – like any aggressive prosecution strategy, however, its results have been mixed. Its record in criminal cases has taken serious hits – a stunning set of losses in the chicken...more
The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more
The various antitrust laws can seem unfair, complicated, and many times irrelevant to the practice of dentistry. However, these laws do apply. The U.S. Justice Department (“DOJ”) and the Federal Trade Commission (“FTC”)...more
In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: • The Arizona AG’s $85 million settlement with Google relating to location-tracking data...more
UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY - A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more
One of the recent amendments to the Competition Act has the potential to seriously chill price competition by leading Canadian businesses....more
On July 28, 2022, the Attorney General of the State of New York (NYOAG) flexed its antitrust muscle and brought suit against CVS Health in Manhattan state court. The NYOAG accuses CVS of violating the Donnelly Act, New York's...more
On July 25, 2022, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a civil complaint in the U.S. District Court for the District of Maryland alleging that poultry processors, Cargill Inc. and Cargill...more
The Government of Canada has now passed significant amendments to the Competition Act via its Budget Implementation Act, 2022, No. 1 (the “BIA”), which received Royal Assent on June 23, 2022. The inclusion of these changes in...more
The Justice Department’s Antitrust Division has had a rough year in the criminal arena. While the Antitrust Division has aggressively blocked several proposed mergers, it has lost several significant criminal cases. ...more
Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more
The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District...more
Chinese antitrust is going through what are likely the most important changes since its inception: an amendment of the Anti-Monopoly Law and the establishment of a new enforcement body. ...more