News & Analysis as of

Federal Trade Commission (FTC) Sherman Act

A&O Shearman

Fifth Circuit Dismisses U.S. Anesthesia Partners’ Appeal, Declining To Hear Constitutional Claims Under Collateral Order Doctrine

A&O Shearman on

On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

BakerHostetler on

On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

A&O Shearman

Fifth Circuit Dismisses U.S. Anesthesia Partners Appeal, Declining To Hear Constitutional Claims Under Collateral Order Doctrine

A&O Shearman on

On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the...more

ArentFox Schiff

DOJ, FTC, DOL, and NLRB Join Forces and Announce Memorandum of Understanding on Labor Issues in Merger Investigations

ArentFox Schiff on

On August 28, the US Department of Justice (DOJ) Antitrust Division, which enforces the US antitrust laws including the Sherman Act and Clayton Act, and the Federal Trade Commission (FTC), which enforces the Federal Trade...more

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

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

Proskauer Rose LLP on

U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust and Life Sciences - July 2024

WilmerHale on

Federal Circuit Allows Teva Patents to Remain in Orange Book.  - The Federal Circuit recently granted Teva Pharmaceutical’s motion for a stay of removal of its patents from the Orange Book in its ongoing dispute with...more

Brownstein Hyatt Farber Schreck

No Consulting Firm Is Safe

What the FTC’s investigation of McKinsey means for consultants tasked to compare wages or pricing - On July 23, 2024, the Federal Trade Commission (FTC) announced that it has issued inquiries to McKinsey & Co. and seven...more

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

Hinch Newman LLP on

The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

WilmerHale

The Interplay Key Decisions at the Intersection of Antitrust and Life Sciences - June 2024

WilmerHale on

Court Orders Delisting of Patents from Orange Book and Denies Motion to Dismiss Antitrust Counterclaims for Improper Orange Book Listings. On June 10, Judge Stanley Chesler of the District of New Jersey entered judgment on...more

Holland & Knight LLP

Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

Holland & Knight LLP on

Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

Foley & Lardner LLP on

In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more

Foley & Lardner LLP

Members of Congress Call for DOJ to Investigate Possible Antitrust Violations in Oil Industry

Foley & Lardner LLP on

On May 30, 23 Senators signed a letter to the Attorney General, calling on the U.S. Department of Justice’s (DOJ) Antitrust Division to “use every tool” to investigate the oil industry for potential violations of the Sherman...more

Troutman Pepper

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Troutman Pepper on

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Patterson Belknap Webb & Tyler LLP

DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more

Hogan Lovells

FTC and DOJ launch public inquiry on serial acquisitions and roll-up strategies

Hogan Lovells on

On May 23, 2024, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (the Agencies) published a Request for Information (the “May 2024 RFI”) to solicit public comments to help...more

Stevens & Lee

District Court Dismisses Welsh Carson While Allowing the FTC to Proceed Against U.S. Anesthesia Partners

Stevens & Lee on

In a prior post, we discussed the Federal Trade Commission’s (“FTC”) lawsuit against U.S. Anesthesia Partners (“USAP”) and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”). Most recently, the U.S....more

Brownstein Hyatt Farber Schreck

Nevada Federal Court Denies Antitrust Conspiracy Based on Use of a Pricing Algorithm

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...more

Manatt, Phelps & Phillips, LLP

NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate

In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - April 2024

WilmerHale on

This week, the FTC continued its intense regulatory focus on pharmaceutical patents listed in the FDA’s Orange Book. As reported in earlier editions of The Interplay, the FTC issued a policy statement in September 2023,...more

Proskauer - Health Care Law Brief

Public Portal to Promote Healthy Competition

Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more

Holland & Knight LLP

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

Holland & Knight LLP on

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more

Husch Blackwell LLP

FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

Husch Blackwell LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

303 Results
 / 
View per page
Page: of 13

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide