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The Clayton Act

A&O Shearman

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

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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

Association of Certified E-Discovery...

Maybe Next Time Google Should Google “Legal Hold”

Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence - I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career,...more

A&O Shearman

U.S. DOJ Seeks Rare USD3.5 million “Gun Jumping” Penalty For Alleged Pre-Closing Conduct In Violation Of Hart-Scott-Rodino Act

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On August 5, 2024, the United States Department of Justice filed a rare gun jumping civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against a global sports and...more

Patterson Belknap Webb & Tyler LLP

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more

A&O Shearman

Health Care Company Secures Antitrust Victory With Jury Verdict In Its Favor

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On August 1, 2024, a unanimous jury in the United States District Court for the Northern District of California found plaintiff, a veterinary drug manufacturer, failed to allege a relevant antitrust market under Sherman Act,...more

Foley Hoag LLP - State AG Insights

30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what...more

Dechert LLP

DAMITT Q2 2024: Abandonments Dominate the Podium in Merger Enforcement

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The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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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

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

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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

Stevens & Lee

Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

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The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more

Axinn, Veltrop & Harkrider LLP

Did the Supreme Court Just Make It Harder for the FTC to Block Mergers?

For most litigated mergers, the preliminary injunction hearing is decisive: if the FTC or DOJ obtains a preliminary injunction, parties frequently abandon the deal before the case is fully litigated on the merits, and...more

Mintz - Antitrust Viewpoints

Judge Denies FTC’s Request to Enjoin Sale of Two Hospitals in North Carolina

Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.’s (“Novant”) acquisition of two hospitals from Community Health Systems, Inc. (“CHS”). The FTC filed suit in federal court and...more

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

Stevens & Lee

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

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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

Goodwin

District Court Grants Welsh Carson’s Motion to Dismiss in FTC’s “Roll-Up” Monopolization Case; Case Against U.S. Anesthesia...

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The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more

Cadwalader, Wickersham & Taft LLP

The Biden Administration’s “Extensive Review of Interlocking Directorates Across the Entire Economy” May Put Your Board...

The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., “horizontal interlocks”) is a significant component of the Biden Administration’s antitrust...more

BakerHostetler

FTC’s Final Rule on Nonprofits - wait, no - Noncompetes

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The FTC released its final rule banning noncompetes last week. The lengthy (570-page) rulemaking provides ample fodder for legal minds to mull over for the near future, but for readers in the healthcare industry, we can...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

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

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

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The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Faegre Drinker Biddle & Reath LLP

Biden Administration Announces New Initiative to Challenge Unfair and Illegal Pricing Practices

On March 5, 2024, the Biden administration announced the launch of a “strike force” aimed at cracking down on unfair and illegal pricing practices. The strike force is one in a series of three new actions announced by...more

McDermott Will & Emery

Top Takeaways | FTC Hosts Workshop, Solicits Public Comments on Private Equity in Healthcare

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On March 5, 2024, the Federal Trade Commission (FTC) hosted “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care” to examine the role of private equity investment in healthcare markets. The same...more

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

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