News & Analysis as of

Antitrust Division

When Closing is Just the Beginning: Antitrust Authorities Unwinding Closed Transactions

by Goodwin on

In the last several months the United States’ federal antitrust enforcement authorities, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ), have challenged and sought to unwind...more

December 2017: Antitrust & Competition Update

Intel Judgment Hinting at EU Departure from Per Se Treatment for Loyalty Rebates Highlights Continued Difference in EU/US Approaches to Market Power. On September 6, 2017 the Court of Justice of the European Union set aside a...more

French Competition Authority Fines a Pharmaceutical Laboratory EUR 25 Million for Anti-Generic Practices

by McDermott Will & Emery on

On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version of Durogesic, and for hindering its...more

Non-Infringement of a Patent Also Not an Antitrust Injury

by McDermott Will & Emery on

Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades...more

Business Litigation Report - December 2017

English Fraud Litigation: Weapons of Mass Destruction - Imagine if you could have your opponent’s premises searched, his Gmail, Hotmail, and Yahoo accounts secretly monitored, his assets frozen, his passport seized, and...more

Optical Illusion: Lack of Overcharge Evidence Yields Summary Judgment Victory for Optical Disk Drive Manufacturers

by McDermott Will & Emery on

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

As Germany Targets Facebook’s Data Collection, DOJ Antitrust Division Suggests Friendlier Approach to Data-Powered Digital Market...

Information can be an invaluable asset. This is especially evident in the technology sector, where companies use increasingly sophisticated methods to collect, aggregate, and analyze data. Exclusive possession of data can,...more

The Next Frontier in Hospital Mergers: Crossing Geographic Markets

With the Federal Trade Commission’s successful track record in challenging mergers of provider systems operating in the same geographic area, several hospitals are looking farther afield for merger partners. One recent...more

THE LATEST: Non-Infringement of a Patent Also Not an Antitrust Injury

by McDermott Will & Emery on

WHAT HAPPENED: ..Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent...more

Sanford Health/Mid Dakota Clinic Healthcare Provider Merger Temporarily Blocked

by King & Spalding on

On Wednesday, December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (together “Sanford”) and Mid Dakota Clinic,...more

The Latest Trends in Drug Monopolies

by Zelle LLP on

Brand-name pharmaceutical companies employ a variety of strategies to preserve and extend their branded drug products’ monopolies. Challenges by generic drug manufacturers and consumers to those efforts as allegedly...more

Health Update - November 2017

Fraud and Abuse 2017: Understanding Trends and Avoiding Actions - Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding...more

THE LATEST: DOJ Antitrust Chief Casts Doubt on Using “Behavioral Remedies” to Fix Problematic “Vertical” Mergers

by McDermott Will & Emery on

WHAT HAPPENED: ..On Thursday, November 16, 2017, newly confirmed Assistant Attorney General for Antitrust Makan Delrahim, speaking at the American Bar Association Section of Antitrust Law’s Fall Forum, explained where...more

Judicial Economy Considerations Can Determine Whether and When a Claim Is Heard

by McDermott Will & Emery on

In denying a brand manufacturer’s motion to dismiss antitrust counterclaims and motion to stay pending appeal of a preliminary injunction order, the US District Court for the District of New Jersey placed significant weight...more

Corporate Concentration, Mergers, and Antitrust Enforcement in the Current Political Climate

by Holland & Knight LLP on

Attacking the vigor and effectiveness of antitrust enforcement has become increasingly popular political subject. Just last week, Senator Cory Booker released a letter to the FTC and DOJ urging them to consider the interests...more

October Antitrust Bulletin

by McGuireWoods LLP on

Trump Announces Two Federal Trade Commission Nominees - On Oct. 19, President Trump nominated Joseph J. Simons to be the next Federal Trade Commission chairman. If confirmed, Simons would serve a full seven-year term and...more

Delrahim Takes Over at DOJ Antitrust – and Quickly Lays Out His Priorities

by Baker Donelson on

On September 27, Makan Delrahim was confirmed by the Senate to be the new Assistant Attorney General for the DOJ Antitrust Division. The Senate's vote (73-21 in favor of confirmation) ends the longest delay ever in confirming...more

Alert: Trump Antitrust Appointees Finally Set: What to Expect

by Cooley LLP on

Leadership at the top of the Department of Justice Antitrust Division and Federal Trade Commission appears to be set – nine months into the Trump Administration – with the confirmation of Makan Delrahim as Assistant Attorney...more

Significant Fine Imposed by the French Competition Authority in Floor Coverings Cartel

by McDermott Will & Emery on

On October 19, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as well as the...more

THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property...

by McDermott Will & Emery on

WHAT HAPPENED - ..On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the...more

Reminder: Equity Compensation May Require HSR Filings For Executives Of REITs Or Other Companies

by Goodwin on

Common equity-based compensation-related transactions, such as restricted stock grants, settlement of restricted stock units (RSUs), exchange of operating partnership units (OP units) and option exercises, may trigger filing...more

DOJ Challenges Consummated Transaction After HSR Clearance

by Hogan Lovells on

On September 26, the U.S. Department of Justice Antitrust Division “the Antitrust Division” filed a complaint in Delaware federal court to partially unwind Parker Hannifin Corporation's $4.3 billion acquisition of CLARCOR...more

THE LATEST: Integra Forced to Divest Neurosurgical Tools to Gain FTC Clearance

by McDermott Will & Emery on

WHAT HAPPENED - On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion.... ...more

Makan Delrahim Confirmed as U.S. Assistant Attorney General for Antitrust Division

After a lengthy confirmation process, Makan Delrahim has been confirmed by the Senate to serve as the next U.S. Assistant Attorney General for the DOJ’s Antitrust Division. While President Donald Trump originally announced...more

DOJ Vows Criminal Prosecution of Employee "No Poaching" Agreements

A few years ago, several Silicon Valley employers made news when they were accused of agreeing among themselves not to solicit each other’s programmers and software engineering employees. These employees are in high demand,...more

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