News & Analysis as of

Joint Venture Sherman Act

Akin Gump Strauss Hauer & Feld LLP

Recent FTC Merger Settlement Signals Increased Antitrust Agency Concerns about Coordination from Competitor Entanglements

Key Takeaways - An FTC merger settlement in the $5.2 billion transaction between EQT and Quantum, two producers of natural gas in the Appalachian Basin, signals the antitrust agencies’ new approach to analyzing the potential...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

Holland & Knight LLP on

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Vinson & Elkins LLP

Massachusetts Federal Judge Finds That Joint Venture Between American Airlines and JetBlue Serving the Northeast Violates...

Vinson & Elkins LLP on

On Friday May 19, 2023, Massachusetts Federal District Judge Leo T. Sorokin found that the partnership between JetBlue and American Airlines (“American”), known as the “Northeast Alliance” or “NEA,” harmed competition in the...more

Wilson Sonsini Goodrich & Rosati

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

Constangy, Brooks, Smith & Prophete, LLP

Sports law may have a partial fix for FTC noncompete ban

The non-statutory labor exemption might help some employers. On January 5, the U.S. Federal Trade Commission issued a proposed rule that, if implemented, would ban nearly all post-employment covenants not to compete...more

BCLP

The Application of the Antitrust Laws to Joint Ventures to Be Considered by the Supreme Court

BCLP on

Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more

Littler

Revisiting Restrictive Covenants in a Commercial Setting: The California Supreme Court Applies a Less Aggressive Approach

Littler on

California is known for having the most aggressive approach among the states regarding restraints on profession, trade, and business. Specifically, California Business and Professions Code section 16600 codifies this...more

Fisher Phillips

States Look for New Angle to Fight No-Poach Agreements

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Attorneys general in ten states and the District of Columbia have recently launched an investigation into the employment practices of eight fast-food franchises. The group sent a joint letter to the companies requesting...more

Mintz - Health Care Viewpoints

District Court Finds Hospital’s Joint Venture Not “Per Se” Unlawful

On the eve of trial, and after years of litigation (including an appeal to the Sixth Circuit), all claims by Dayton, Ohio hospital The Medical Center at Elizabeth Place (“MCEP”) against Premier Health Partners (“Premier”)...more

Perkins Coie

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

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The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

Mintz - Health Care Viewpoints

LSU Hospital Operator May Proceed with Antitrust Suit Against Competing Health System

The antitrust suit against Willis Knighton Medical Center will continue following the denial of its motion to dismiss. BRFHH Shreveport v. Willis Knighton Med. Ctr., case number 5:15-cv-02057 (W.D. La. Mar. 31, 2016). The...more

McDermott Will & Emery

Sixth Circuit: “Single-Network” Hospitals Not Exempt from Section One Scrutiny

McDermott Will & Emery on

On March 22, 2016, the U.S. Court of Appeals for the Sixth Circuit allowed a claim to proceed under § 1 of the Sherman Act against four hospitals acting as a single network under a joint operating agreement. Med. Center at...more

Farella Braun + Martel LLP

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

Mintz

Kissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road

Mintz on

In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of...more

Polsinelli

Conspiracy? Ohio Federal Court Says No; Holds That Health System Joint Venture Is a Single Entity Incapable of Conspiring in...

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When competing health care providers affiliate by contract, rather than by merger or acquisition, they often face the challenge of structuring their joint activities to avoid liability under § 1 of the Sherman Act, which...more

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