United States: What's New In Antitrust?
Last Updated: February 20 2015

We are pleased to present another newsletter from BakerHostetler's Antitrust and Competition team. After inviting you to events hosted by our antitrust lawyers, we offer a review of recent antitrust publications and blog posts on notable and emerging antitrust issues, and conclude with an update on our growth and client successes.

Antitrust Events

BakerHostetler is delighted to invite you to two upcoming antitrust events that promise to be informative and entertaining.

  • On February 26, BakerHostetler will host a symposium on Section 5 of the Federal Trade Commission Act at The Willard Intercontinental Hotel in Washington, D.C. Featuring a distinguished panel of 13 experts and decision makers from all three branches of government, including two sitting FTC Commissioners, the event will provide an exclusive look into Section 5 and deliver timely and important information for companies that may become unknowingly vulnerable to FTC claims of antitrust or consumer fraud violations. Please visit our website for additional information and to RSVP.
  • On April 16, BakerHostetler will host its annual cocktail reception during the ABA's Antitrust Spring Meeting. The reception will be at the JW Marriott Hotel in Washington, D.C. Please visit BakerHostetler's website to RSVP.

We also invite you to play recordings of two recent presentations by BakerHostetler antitrust lawyers.

  • Our lawyers presented an informative webinar that took an in-depth look at FTC investigations into hospital and physician transactions, including steps and strategies healthcare providers can employ when contemplating a transaction to minimize the likelihood of an FTC investigation or challenge. Please visit our website for the recording of this presentation.
  • A few weeks ago, our lawyers presented a well-received webinar on ethical considerations for class action lawsuits, with a focus on what in-house counsel should know when defending class actions. A recording of this presentation will be available here.

Antitrust Publications

Members of BakerHostetler's antitrust team recently published articles with the goal of providing helpful antitrust information and analysis. These publications include:

Antitrust Advocate Blog

The antitrust team's blog, Antitrust Advocate, is dedicated to providing BakerHostetler's clients and the community with insights and commentary surrounding complex antitrust litigation and competition issues. We have summarized some blog subjects that may be of interest and encourage you to click the links, read the full posts, and browse the blog.

  • Merger review and enforcement. As government merger review and enforcement in the United States remains robust, our antitrust lawyers have delivered blog posts on notable developments both in government policy and enforcement actions. Some of these recent posts include insight into antitrust enforcer speeches on approaches to merger review and remedies, and a series on CFIUS and its review of mergers. We offered insight into the FTC's continued focus on "gun jumping" and attempts to undo transactions. In addition, we covered practical subjects such as comments on antitrust compliance programs, advances in document management, and protecting the attorney-client privilege during government investigations.
  • Antitrust litigation developments. Developments in antitrust law and litigation never cease and our blog's commentary on them includes analysis on Section 5 litigation, the interplay between "no-hire/non-solicitation" provisions in transactional agreements and employee solicitation claims, the Seventh Circuit's FTAIA decision, and recent Capper-Volstead immunity litigation.
  • Healthcare and antitrust. BakerHostetler Partners Jonathan L. Lewis and Lee H. Simowitz continue to provide extensive coverage of issues and trends in healthcare and antitrust. Their posts involve subjects ranging from recent FTC healthcare merger reviews to developments in antitrust law applicable to healthcare providers such as reference pricing.
  • Patents and antitrust. As the interplay between patent and antitrust law continues to evolve, our blog recently addressed some notable developments, including the status and implications of "product hopping" and "reverse payment" claims pending in courts.

BakerHostetler's Antitrust Practice Expansion Continues

BakerHostetler is proud to announce the continued expansion of its antitrust practice with the addition of two prominent antitrust attorneys.

  • Carl W. Hittinger joined BakerHostetler as a Partner and the Litigation Coordinator in its Philadelphia office. Hittinger arrives from DLA Piper, where he was co-chair of the firm's Antitrust and Trade Regulation Group. He brings significant experience in antitrust litigation and trials and has represented an extensive roster of brand-name clients in antitrust cases. He also brings experience in complex commercial and intellectual property disputes, healthcare, securities cases, FCPA, products liability and trademark disputes, as well as civil rights and constitutional issues.
  • Daniel J. Buzzetta joined BakerHostetler as a Partner in its New York office. He comes to the firm from Greenberg Traurig. Buzzetta has represented the third-largest waste disposal company in North America on antitrust matters, and he recently obtained summary judgment of a class action antitrust complaint against his client. His practice also includes business contract disputes, business torts, securities, RICO matters, and internal corporate investigations for public and private companies.

The addition of these Partners plus others continues the doubling in size of BakerHostetler's antitrust practice over the past three years. With more than 40 antitrust lawyers — nearly half in Washington, D.C., and others in key cities including Cleveland, Houston, Los Angeles, New York, and Philadelphia — our practice is uniquely positioned to handle the most significant antitrust litigation and challenging transactions. This growth has enhanced our depth of experience. Our team includes lawyers who have tried numerous antitrust and competition cases to verdict and have represented both plaintiffs and defendants in antitrust and competition litigation, including class action lawsuits. All of this is in addition to serving as trusted advisors to clients on every aspect of antitrust and competition law. Few other antitrust practices can make these claims.

Antitrust Practice Recognized for Growth and Client Successes

The growth and deep experience of BakerHostetler's antitrust practice as well as impressive successes achieved for clients have been recognized. The Global Competition Review, the world's leading antitrust/competition news service, "recommends" BakerHostetler's antitrust lawyers, citing a recent $50 million settlement obtained for its client; the defense of Japan's largest car shipping company, NYK Line, against class action lawsuits; and the recent dismissal of a lawsuit against table-saw maker Makita. The Legal 500, which rates firms based on feedback from 250,000 in-house counsel, also recommends BakerHostetler's antitrust lawyers based on their "excellent reputation among peers" and states that the practice "is notable for having tried numerous antitrust and competition cases to verdict, representing plaintiffs and defendants in antitrust and competition litigation — including class action lawsuits — and helping clients navigate the US merger review process."

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