News & Analysis as of

Antitrust Provisions The Clayton Act Antitrust Litigation

Ward and Smith, P.A.

Antitrust Compliance for North Carolina Construction Companies: Avoiding Legal Pitfalls

Ward and Smith, P.A. on

For construction company owners and managers, understanding antitrust laws and implementing effective compliance measures isn't just good business practice, it's essential protection against potentially devastating legal...more

A&O Shearman

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

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On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more

Troutman Pepper Locke

Elad v. NCAA – Former JUCO Player Demonstrates Likelihood of Success in Antitrust Suit Challenging NCAA’s JUCO Rule

Troutman Pepper Locke on

On April 25, U.S. District Judge Zahid N. Quraishi ordered the NCAA not to enforce its Five-Year Rule against Rutgers University cornerback Jett Elad. The impact of name, image, and likeness (NIL) agreements on the new world...more

A&O Shearman

Eastern District Of Virginia Overrules Objections To Proposed Divestiture Of Doorskin Manufacturing Plant

A&O Shearman on

On December 13, 2024, Judge Robert E. Payne of the Eastern District of Virginia, in a long-running private action that had previously found a consummated merger to be unlawful, overruled defendant’s objections to the required...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

Vinson & Elkins LLP on

The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

A&O Shearman

Antitrust in focus - November 2024

A&O Shearman on

New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

Jenner & Block

Recent US Antitrust M&A Developments - February 2023

Jenner & Block on

Aggressive merger enforcement continued through the end of 2022, with the agencies having mixed results in the courts. With several high-profile investigations still pending, the expectation is for aggressive enforcement to...more

A&O Shearman

DOJ’s First Large Scale Crackdown on Potentially Unlawful Interlocking Directorates Led to 7 Board Resignations Across 5 Tech...

A&O Shearman on

On Wednesday, October 19, 2022, the Department of Justice Antitrust Division (DOJ) announced that seven directors resigned from their board positions because of DOJ’s concerns that holding the positions violated the Clayton...more

Wilson Sonsini Goodrich & Rosati

Seven Directors Resign from Five Public Company Boards

Last month, we reported that the U. S. Department of Justice (DOJ) had threatened multiple public companies, private equity investors, and individuals with lawsuits for violating the ban on interlocking directorates under...more

Wilson Sonsini Goodrich & Rosati

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

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

Troutman Pepper Locke

Illinois Brick Simplified: U.S. Supreme Court Rules That Purchasers from iPhone App Store Can Sue Apple Despite the Fact that...

Troutman Pepper Locke on

On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more

Cooley LLP

Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come

Cooley LLP on

As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more

Holland & Knight LLP

Trump DOJ’s Antitrust Enforcement Policies Are Predictably Unpredictable

Holland & Knight LLP on

More than 40 years ago, the Supreme Court determined that efficient enforcement of the Sherman Act required a bright-line rule, with very limited exceptions, barring antitrust claims by "indirect purchasers"—end customers who...more

Carlton Fields

AIG Won’t Have To Defend Carfax In $50 Million Antitrust Suit

Carlton Fields on

On March 1, a New York appeals court ruled that American International Group, Inc. (AIG) need not defend Carfax, Inc. against a $50 million suit alleging the company monopolized the vehicle history report market. ...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp. The case...more

Pierce Atwood LLP

Two New Court Decisions Bookend Antitrust Risks for Integrated Hospitals

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A Florida federal court recently denied summary judgment to an integrated hospital system hoping to exit a multicount antitrust and unfair trade lawsuit. Four days later, the Third Circuit Court of Appeals upheld summary...more

Eversheds Sutherland (US) LLP

Solar Power Fights Heat Up

The clash between residential solar companies and utilities continues to heat up in courts and public utility commissions. As solar technology continues to improve, more households are installing rooftop solar systems. ...more

Cooley LLP

Alert: Ninth Circuit Recognizes Efficiencies May Enhance Competition in Antitrust Challenge to Merger*

Cooley LLP on

In a rare appellate opinion addressing the merits of a merger challenge, the Ninth Circuit last month sided with the Federal Trade Commission, finding that a 2012 merger of two health care providers in Idaho was likely to...more

K&L Gates LLP

Ninth Circuit Court of Appeals Nixes Hospital System Acquisition of Physician Practice Group: Preserving Competition Trumps Better...

K&L Gates LLP on

On February 10, 2015, the United States Court of Appeals for the Ninth Circuit (which covers Idaho, Montana, Oregon, Washington, California, Nevada, Alaska, Hawaii and Arizona) ordered St. Luke’s Health System, Ltd. (“St....more

McDermott Will & Emery

Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more

Baker Donelson

FTC Notches Yet Another Victory in a Provider Merger Case

Baker Donelson on

On February 10, in Saint Alphonsus Medical Center-Nampa v. St. Luke’s Health System (St. Alphonsus), the U.S. Court of Appeals for the Ninth Circuit handed the Federal Trade Commission yet another provider-merger win. ...more

Akerman LLP - Health Law Rx

Divestiture of St. Luke's Acquisition Upheld Despite Transaction's "Laudable" Goals

On February 10, 2015, the Federal Trade Commission (FTC) achieved a historic victory when a U.S. Court of Appeals ruled that a hospital's acquisition of a physician's group – the transaction challenged by the FTC – ran afoul...more

Patterson Belknap Webb & Tyler LLP

In re: Nexium Plaintiffs Seek a Permanent Injunction

As we reported earlier, the jury in In re: Nexium found that AstraZeneca had violated the antitrust laws by acting to keep generics off the market but that no generic would have been introduced earlier in the market even...more

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