Mondaq USA: Anti-trust/Competition Law
Orrick
Businesses often wonder how competition authorities pick and choose the cases they decide to bring.
Proskauer Rose LLP
More than fifty years ago, the Supreme Court formalized the "state-action antitrust immunity" doctrine ─ a judge-made rule that certain state governmental conduct is immune from challenge under the federal antitrust laws.
Proskauer Rose LLP
There was a time not long ago when the odds of beating the Federal Trade Commission on a hospital merger antitrust challenge were slim.
Morrison & Foerster LLP
In the first antitrust-based investigation at the ITC in more than 25 years, the Commission on May 26, 2016, instituted a Section 337 investigation (Inv. No. 337-TA-1002) brought by U.S. Steel against the 11 largest steel producers in China and nine of their distributors.
Foley & Lardner
For the second time in just over a month, a federal judge has denied a Federal Trade Commission (FTC) motion to enjoin the merger of two hospital systems...
Orrick
Defendants in price-fixing cases want to learn the individual settlement amounts that DAPs have agreed to with other defendants for two reasons.
Orrick
King Drug involved the settlement of patent infringement litigation over a brand-name drug used to treat epilepsy and bipolar disorder, Lamictal®, brought by GSK against Teva Pharmaceuticals under the framework of the Hatch-Waxman Act.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The U.S. health system as a whole continues to confront the challenge of controlling costs, improving quality, and increasing or maintaining patient access to care.
BakerHostetler
Substantial and substantive issues of national importance are often ­obscured by the usual myopic and frenzied focus on political talking points, sensational sound bites and collateral name-calling.
Orrick
On June 1, 2016, FTC Commissioner Maureen Ohlhausen delivered remarks in Hong Kong, pushing back on recent news reports implying that the United States currently suffers from a "monopoly problem"...
BakerHostetler
On May 23, 2016, the Second Circuit breathed new life into the class action case against 16 banks belonging to the British Bankers' Association...
Shearman & Sterling LLP
In Shearman & Sterling's 2016 Antitrust Annual Report, our attorneys combine their deep knowledge and experience to discuss some of the key antitrust issues affecting our clients.
Orrick
Previously, the analysis would first focus on whether the entity issued securities allowing holders to vote for the election of a board of directors. If the answer was yes, the entity would be treated as corporate.
Orrick
You know what they say: one man's price is another man's bundle. No? Well maybe they should, after this recent decision out of the Third Circuit in Eisai, Inc. v. Sanofi Aventis U.S., LLC involving allegedly exclusionary discounting.
Orrick
On May 17, 2016, Judge Emmet G. Sullivan (D.D.C.) issued a memorandum opinion explaining his decision to enjoin the Office Depot/Staples merger under Section 13(b) of the FTC Act.
Shearman & Sterling LLP
On May 10, Staples and Office Depot announced that they would be terminating their $6.3 billion merger in the wake of a federal judge's decision to issue a preliminary injunction blocking the deal.
BakerHostetler
The Third Circuit provided some guidance on the line between price competition and coercion with its recent opinion in Eisai, Inc. v. Sanofi Aventis U.S., LLC, No. 14-2017 (3d Cir. May 4, 2016).
McDermott Will & Emery
On May 9, 2016, the US District Court for the Middle District of Pennsylvania denied the motion by the Federal Trade Commission and Pennsylvania Office of Attorney General for a preliminary injunction to enjoin the merger of Penn State Hershey Medical Center and PinnacleHealth System.
McDermott Will & Emery
In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions.
Milbank, Tweed, Hadley & McCloy LLP
The German and French competition authorities published a joint report on "Competition Law and Data" in which they analyze the implications and challenges resulting from data collection and exploitation...
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Orrick
Businesses often wonder how competition authorities pick and choose the cases they decide to bring.
Sheppard Mullin Richter & Hampton
On June 9, 2016, the Antitrust Division of the United States Department of Justice filed a complaint against the Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Health Care System...
Orrick
King Drug involved the settlement of patent infringement litigation over a brand-name drug used to treat epilepsy and bipolar disorder, Lamictal®, brought by GSK against Teva Pharmaceuticals under the framework of the Hatch-Waxman Act.
Foley & Lardner
For the second time in just over a month, a federal judge has denied a Federal Trade Commission (FTC) motion to enjoin the merger of two hospital systems...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Third Circuit granted on Tuesday the Federal Trade Commission's request for an injunction pending appeal of the proposed merger between Penn State Hershey Medical Center and Pinnacle Health System.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On Tuesday, June 14, 2016, the U.S. District Court for the Northern District of Illinois declined to temporarily block the proposed merger of Advocate Health Care Network and NorthShore University HealthSystem...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices.
Orrick
Previously, the analysis would first focus on whether the entity issued securities allowing holders to vote for the election of a board of directors. If the answer was yes, the entity would be treated as corporate.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The U.S. health system as a whole continues to confront the challenge of controlling costs, improving quality, and increasing or maintaining patient access to care.
Kramer Levin Naftalis & Frankel LLP
Most recently, a trio of ethics and finance watchdog groups urged Congress to reform the rules governing how activists are required to report their various ownership stakes.
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