News & Analysis as of

Monopolization Sherman Act Conspiracies

A&O Shearman

Tenth Circuit Rejects Surgical Assistants’ Appeal In Surgical Credentials Monopolization Case

A&O Shearman on

On January 21, 2025, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s dismissal of the Association of Surgical Assistants’ (ASA) challenge to the National Board of...more

A&O Shearman

Eastern District Of New York Finds Circumstantial Evidence Enough To Defeat Summary Judgment Motion In Antitrust Case Against...

A&O Shearman on

First, the Court considered whether there was sufficient evidence to conclude that the Defendants’ standards, in and of themselves, violated Section 1 and concluded there was not.  Instead, the Court held that...more

Stevens & Lee

U.S. Anesthesia Partners and Welsh Carson File Motions to Dismiss FTC Antitrust Case

Stevens & Lee on

As reported in a prior blog post, the Federal Trade Commission (“FTC”) filed suit in federal district court in September alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson,...more

Axinn, Veltrop & Harkrider LLP

DOJ Provides More Specific Guidance About Criminal Enforcement of Section 2

Since the Antitrust Division's March 2022 announcement that it would once again consider and bring criminal charges for violations of Section 2 of the Sherman Act, DOJ has resisted calls for guidance about what conduct would...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

Vinson & Elkins LLP

DOJ Indicts Another Enterprise for a Monopolization Offense

Vinson & Elkins LLP on

Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more

Mintz

Sixth Circuit Finds Possibility of Conspiracy Among Hospital Network Members

Mintz on

The Sixth Circuit on Tuesday voted 2 to 1 to reverse a district court’s grant of summary judgment under which a defendant hospital network had been found to be a single entity incapable of conspiring with itself in an...more

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