News & Analysis as of

Department of Justice (DOJ) Anticompetitive Agreements

Goodwin

Google is an Illegal Monopoly, Federal Court Rules

Goodwin on

Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...more

Holland & Knight LLP

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

Holland & Knight LLP on

After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

McDermott Will & Emery

DOJ Antitrust Division Signals Impending Criminal Monopolization Cases

McDermott Will & Emery on

WHAT HAPPENED - On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations...more

Goodwin

Florida Cancer Center Admits to Violating U.S. Antitrust Laws, Agrees to Pay More Than $120 Million in Penalties

Goodwin on

In the first case of its kind, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced that it had entered into a deferred prosecution agreement (DPA) with Florida Cancer Specialists & Research Institute...more

ArentFox Schiff

Arbitration: DOJ Unearths Arcane Statutory Power to Arbitrate (and Win) Merger Dispute

ArentFox Schiff on

The typical path for the Antitrust Division of the US Department of Justice when it determines that a contemplated merger is anticompetitive is to sue in federal court to block the merger. Recently, however, the DOJ, for the...more

Epstein Becker & Green

Use of a Common Agent Can Raise Antitrust Concerns

Epstein Becker & Green on

Providers that are not financially or clinically integrated must keep separate operations. This can extend to the use of a common agent for the non-integrated providers. The U.S. Department of Justice and Federal Trade...more

Epstein Becker & Green

The Failing Firm Defense Is an Absolute Defense to an Otherwise Anticompetitive Merger

Epstein Becker & Green on

The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below.  In fact, the antitrust agencies have long recognized...more

McDermott Will & Emery

Out of Bounds: Sports Agencies Flagged for Anticompetitive Bidding Agreements

McDermott Will & Emery on

The US Department of Justice (DOJ) recently sued former joint venture partners because they allegedly coordinated their competitive activities beyond the legitimate scope of their venture. This case illustrates several...more

Akerman LLP - Health Law Rx

DOJ Settles “Anti-Steering” Antitrust Case Against Atrium Health

The United States Department of Justice Antitrust Division announced on November 15 that it was settling its antitrust lawsuit against Atrium Health (formerly known as Carolinas Health System)....more

Jones Day

Blockchains and Antitrust: New Technology, Same Old Risks?

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Blockchain technology, particularly private blockchains, can provide a technological curtain behind which business transactions occur. Still, any anticompetitive practices that stem from private blockchains are subject to...more

McDermott Will & Emery

THE LATEST: Collateral Risk in Merger Reviews

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WHAT HAPPENED - • The Wall Street Journal has reported that the Antitrust Division of the Department of Justice (DOJ) is currently investigating whether advertising sales teams for competing television station owners...more

Mintz

DOJ Reaches Settlement with Michigan Hospital on Allegedly Unlawful Marketing Agreement

Mintz on

On Friday February 9, 2018, the U.S. Department of Justice (“DOJ”) Antitrust Division announced a settlement with Henry Ford Allegiance Health (“Allegiance”) of claims that Allegiance and certain other hospitals unlawfully...more

Manatt, Phelps & Phillips, LLP

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%...more

Bradley Arant Boult Cummings LLP

FTC and DOJ Take Aim at State Certificate of Need Laws

Earlier this year, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) released their formal recommendation that South Carolina repeal its certificate of need (CON) law regulating...more

Faegre Drinker Biddle & Reath LLP

DOJ Antitrust Head Remains Focused on Health Care in Era of Consolidation

Speaking at an industry conference on November 13, U.S. Assistant Attorney General Bill Baer reiterated the government’s focus on competition concerns in the health care industry. According to Baer, head of the Department of...more

Manatt, Phelps & Phillips, LLP

Regulators Sue Four Michigan Hospitals for Agreeing to Restrict Marketing Activities

As most people know, agreements between competitors to fix prices or allocate or divide markets are clear violations of the antitrust laws and can result in serious penalties. In industries as diverse as foreign exchange...more

Manatt, Phelps & Phillips, LLP

Health Update - July 2015

Lessons From the Frontlines: Strategies for Supporting Informed Consumer Decision-Making in the Health Insurance Marketplace - Editor's Note: As marketplaces prepare for the third open enrollment period, consumers are...more

McGuireWoods LLP

July Antitrust Bulletin

McGuireWoods LLP on

On June 29, 2015, Sysco Corp. announced that it was pulling the plug on its $3.5 billion proposed merger with US Foods Inc. The news comes less than a week after a Washington, D.C., federal judge concluded that the Federal...more

Patterson Belknap Webb & Tyler LLP

DOJ and Michigan Sue Four Hospital Systems for Agreeing Not to Compete with Each Other

Together with the State of Michigan, the United States Department of Justice’s Antitrust Division has filed a civil suit against four Michigan hospital systems for allegedly agreeing to limit marketing in each other’s...more

Mintz

DOJ Sues Four Michigan Hospitals for Secret Agreements Not to Compete

Mintz on

Late last week, the United States Department of Justice (DOJ) and the Michigan Attorney General (AG) filed suit against four southern Michigan hospitals, alleging that they secretly agreed not to compete with each other in...more

Mintz - Health Care Viewpoints

[Webinar] Health Care Antitrust Trends In 2015: What Is the Government Really Up To? - April 23rd, 12 pm

The Federal Trade Commission and the Department of Justice Antitrust Division continue to stake out an aggressive health care antitrust agenda — and they have “the wind at their backs.” In important recent decisions, two...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Antitrust and Competition: Nonmerger Enforcement Activity Heats Up on Both Sides of the Atlantic"

U.S. and European antitrust agencies had similar enforcement priorities last year, a trend we expect to continue in 2014. Nonmerger enforcement will continue to focus on intellectual property, financial services and...more

BakerHostetler

Fix My Merger – Lessons from FTC Bureau Director Feinstein on the Use of Consent Orders to Remedy Anticompetitive Mergers

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In her first speech since becoming Director of the Federal Trade Commission’s Bureau of Competition, Deborah Feinstein highlighted five benefits arising from addressing antitrust violations through consent orders and...more

BakerHostetler

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

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The worst antitrust offenses involve conspiracies involving multiple actors. Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or bid-rigging, require...more

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