News & Analysis as of

Competition Policy Statement

McDermott Will & Emery

Making Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict

McDermott Will & Emery on

On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more

Morrison & Foerster LLP

FTC Alleges Improper Orange Book Listing of Drug Delivery Device Patents

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In the latest attempt to promote generic drug competition and reduce drug prices, and consistent with broader efforts to enforce the antitrust laws more aggressively, the Federal Trade Commission (FTC) announced on November...more

Stevens & Lee

FTC Follows DOJ and Withdraws Antitrust Policy Statements

Stevens & Lee on

On July 14, the Federal Trade Commission (“FTC”), as anticipated, announced that it was withdrawing two antitrust policy statements related to enforcement in health care markets: • Statements of Antitrust Enforcement Policy...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

Williams Mullen

DOJ Withdraws Antitrust Guidance on Information Exchanges

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The DOJ Antitrust Division recently announced that it was withdrawing decades-old guidance regarding how the Division would view information exchanges under the antitrust laws....more

McDermott Will & Emery

DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations

McDermott Will & Emery on

On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more

Lathrop GPM

A New Vacuum in Antitrust? DOJ Withdraws Longstanding Health Care Enforcement Statements

Lathrop GPM on

With little warning the Antitrust Division of the U.S. Department of Justice announced on February 3 the withdrawal of three critical pieces of guidance for the health care industry...more

WilmerHale

To Share or Not to Share: DOJ Withdraws Information Sharing Guidance

WilmerHale on

The Department of Justice (DOJ) Antitrust Division recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry that may have broader...more

Bradley Arant Boult Cummings LLP

DOJ’s Antitrust Division Withdraws Healthcare Antitrust Policy Statements

Calling them “outdated” and “overly permissive,” the Department of Justice’s Antitrust Division on February 3, 2023, announced the withdrawal of three long-standing antitrust policy statements related to enforcement in...more

Stinson LLP

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

Stinson LLP on

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as...more

Akerman LLP - Health Law Rx

U.S. Department of Justice Withdraws Longstanding Healthcare Antitrust Policy Statements, Causing Uncertainty

It has already been a busy 2023 for the U.S. antitrust enforcement agencies.  Right on the heels of the Federal Trade Commission’s announcement of a proposed rule that potentially would ban non-compete agreements nationally,...more

Perkins Coie

DOJ Withdraws Healthcare Antitrust Policy Statements

Perkins Coie on

The U.S. Department of Justice (DOJ), Antitrust Division, recently withdrew three sets of guidelines that had been relied upon heavily by the healthcare industry: the 1993 Antitrust Enforcement Policy Statements Issued for...more

Morgan Lewis

DOJ’s Rescission of Longstanding Guidance Creates Uncertainty for Market Benchmarking Activities

Morgan Lewis on

The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The...more

Holland & Knight LLP

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

Holland & Knight LLP on

During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more

Sheppard Mullin Richter & Hampton LLP

FTC Policy Statement on the Scope of Unfair Methods of Competition – A Broad But Vague Warning

On November 10, 2022, the Federal Trade Commission issued its “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act.” The Statement replaces prior guidance...more

Ervin Cohen & Jessup LLP

FTC Issues Policy Statement on Gig Work

​​​​​​​On September 15, 2022, the Federal Trade Commission (“FTC”) issued a Policy Statement on Enforcement Related to Gig Work (the “Policy Statement”). The agency’s press release states: “American workers deserve fair,...more

Morgan Lewis

Federal Trade Commission Focuses on Gig Work

Morgan Lewis on

The Federal Trade Commission’s September 15 policy statement is the latest in a series of actions signaling the Commission’s continued focus on competition and labor issues in the gig economy. The policy statement—and the...more

Polsinelli

Antitrust Enforcers’ Fourth and Final “Listening Forum” On Merger Reform Highlights Issues In Technology

Polsinelli on

In March of this year, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more

Wyrick Robbins Yates & Ponton LLP

Reading the Tea Leaves: Insights into FTC’s Areas of Focus from Chair Khan’s First Public Address

At the IAPP Global Privacy Summit, the Chair of the Federal Trade Commission, Lina Khan, gave her first public address since taking over as chair. Her remarks provide some key insights into the FTC’s areas of focus, including...more

Jones Day

Covid-19 Key EU Developments, Policy & Regulatory Update No. 79

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COMPETITION & STATE AID- Competition- European Commission publishes 2021 General Report on Activities of the European Union - On 9 March 2022, the Commission published “The EU in 2021 – General Report on the Activities of...more

Kidon IP

Response to the US Department of Justice call for Public Comments on SEPs Part 4 of 6

Kidon IP on

I submitted comments to the US Department of Justice’s call for comments that we previously discussed. Since they are rather long, I have decided to serialize them over a series of shorter posts....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Policy Statement Outlines Criminal Antitrust Enforcement Efforts, Reinforces Interagency Priorities

On November 18, 2021, the Federal Trade Commission (FTC) voted 4-0 to adopt a new policy statement outlining the commission’s plans to expand its criminal referral program in an effort to prevent and deter corporate crime...more

Robinson & Cole LLP

FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets

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Effective October 25, 2021, the Federal Trade Commission (FTC) has adopted a new policy providing increased scrutiny of merger and acquisition activity for potential anti-competitive effects. The new policy applies to consent...more

Jones Day

FTC Resurrects Unilateral Preapproval in Merger Investigation Settlements to Halt Future "Anticompetitive" M&A

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What Is the FTC's New "Prior Approval" Policy? At the end of an FTC investigation into the competitive impact of a merger, the agency may (i) take no action (allowing the parties to close), (ii) challenge the transaction...more

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