News & Analysis as of

Antitrust Division

THE LATEST: Just Because Your Deal Cleared Doesn’t Mean You’re in the Clear

by McDermott Will & Emery on

Dealmakers know that a critical part of the merger process is obtaining antitrust clearance from government enforcers. But, even if the antitrust enforcers review and clear a transaction, a third-party can file a private suit...more

DOJ Announces Roundtable Series on Competition and Deregulation

The Department of Justice (“DOJ”) Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for...more

THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher...

by McDermott Will & Emery on

Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference...more

Walker Process Claims Don’t Belong in the Federal Circuit

by McDermott Will & Emery on

In the continuing tug-of-war between antitrust and intellectual property, the US Court of Appeals for the Federal Circuit transferred a Walker Process claim to the Fifth Circuit for lack of appellate jurisdiction. Xitronix...more

Senior Executive Type B Amnesty Redux - A Rare Correction From DOJ (Or Not?)

Last year, as noted in this blog, the Antitrust Division issued one of its fairly rare but critically important “Frequently Asked Questions” publications concerning its Amnesty Program. In January 2017, DOJ said explicitly...more

Intellectual Property Law Year in Review - March 2018

by McDermott Will & Emery on

This year was a significant year for intellectual property cases at the Supreme Court level. In fact, the Supreme Court granted certiorari for seven patent cases, and decided five of these cases before the end of the year....more

Health Update - February 2018

Hospitals and Health Systems Prepare for a Value-Based Future - Editor’s Note: Hospitals and health systems are actively working to service their communities in numerous ways, including through the adoption of initiatives...more

M&A Enforcement in the Age of Trump: Divestment and Enhanced Consent Decree Enforcement

by Faegre Baker Daniels on

Last month, leaders of the DOJ Antitrust Division announced key points of emphasis in curtailing anti-competitive mergers and acquisitions. President Trump’s recently appointed Antitrust Division chief, Makan Delrahim, said...more

DOJ Urges Court to Consider Evidence Before Ruling in Private Antitrust Case

by King & Spalding on

In a rare move, on February 8, 2018, the U.S. Department of Justice (DOJ) filed a Statement of Interest on behalf of the United States (Statement of Interest) in Marion Healthcare, LLC v. Southern Illinois Healthcare, Civil...more

THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit

by McDermott Will & Emery on

The Federal Circuit held Walker Process Claims without a “substantial” patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton....more

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

DOJ Toughens Antitrust Consent Decree Enforcement

by Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

DOJ Antitrust Division Mulls Changes to Indirect Purchaser Rules

This blog has discussed some of the dynamics created by the Supreme Court’s Hanover Shoe and Illinois Brick decisions and state “repealer” laws that attempt to undo their effect. As it turns out, repealer states aren’t the...more

Antitrust Division to Criminally Prosecute No-Poaching Agreements

by Bryan Cave on

The Antitrust Division of the Department of Justice (“DOJ”) has indicated that, in the coming months, it intends to criminally prosecute companies that have entered into naked no-poaching agreements for violation of the...more

DOJ: No-poach Agreements Violate Antitrust Laws, Criminal Penalties Against Companies Are On the Way

by Bass, Berry & Sims PLC on

Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

DOJ Antitrust Division Announces Imminent Criminal Prosecution for ‘No Poaching’ Agreements

by Morgan Lewis on

The US Department of Justice’s Antitrust Division will soon announce its first criminal charges involving “no poaching” agreements—agreements to refuse to solicit or hire another company’s employees—after previously...more

THE LATEST: Trump DOJ’s Next Target: the Illinois Brick Indirect Purchaser Rule?

by McDermott Will & Emery on

In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law with respect to indirect purchaser...more

Assistant Attorney General Announces that DOJ Antitrust Division is Building Criminal Cases Against Companies for Anti-Poaching...

by K&L Gates LLP on

The Assistant Attorney General for the Antitrust Division of the Department of Justice (DOJ) recently announced that the DOJ is currently developing criminal cases against companies who form agreements not to hire each...more

Antitrust Merger Enforcement Update: One Year into the Trump Administration

by McDermott Will & Emery on

At the one year anniversary of the Trump administration, antitrust merger enforcement remains similar to the Obama administration, but it is still early to judge given the delays in antitrust appointments and given the DOJ’s...more

FTC Announces Changes to Hart-Scott-Rodino Filing Thresholds

by McGuireWoods LLP on

On Jan. 26, the Federal Trade Commission announced revised thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act). These thresholds determine whether companies are required to notify...more

Bringing Back Indirect Purchasers – DOJ Considers Seeking Reversal of Illinois Brick

by Faegre Baker Daniels on

For over 40 years, the Supreme Court has barred, with very limited exceptions, indirect purchasers— end customers who purchase products through an intermediate source—from seeking federal antitrust damages. But Andrew Finch,...more

FTC Announces Increased HSR Thresholds

by Ropes & Gray LLP on

The Federal Trade Commission has announced revised jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“the Act”), as amended. The new thresholds under the Act represent an...more

Increase in HSR Reportability Thresholds and Other HSR Developments

by Dorsey & Whitney LLP on

On January 26, 2018, the Federal Trade Commission (FTC) announced the annual adjustment of the thresholds that trigger premerger reporting obligations (and the mandatory waiting period) under the Hart-Scott Rodino (HSR) Act. ...more

Premerger Notification Thresholds Increased

by Bryan Cave on

Effective February 28, 2018, the jurisdictional thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”), will increase. Pursuant to statutory amendments made in 2000, the thresholds...more

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