Although it focuses specifically on a healthcare acquisition, the recent decision by the US Court of Appeals for the Ninth Circuit in St. Alphonsus Medical Center v. St. Luke's Health System is instructive on a broad range of antitrust issues.
The US Federal Trade Commission (FTC) has settled charges that two of the leading online barcode resellers violated Section 5 of the FTC Act by inviting competitors to collude and raise prices for barcodes sold over the Internet.
Two recent cases involving the US Department of Justice, Antitrust Division demonstrate that the DOJ and the US Federal Trade Commission will review mergers that otherwise escape the agencies’ scrutiny by falling below the Hart-Scott-Rodino Act merger filing thresholds.
At a time when there is significant M&A activity in the energy industry,
it is critical for energy companies to understand how the premerger notification filing requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act" or "the Act"),1 and the regulations promulgated under the Act ("HSR Rules" or "Rule(s)"),2 may apply to their transactions.
On September 25, 2013, the US Federal Trade Commission and the Antitrust Division of the Department of Justice jointly released an updated model waiver of confidentiality for use in civil matters involving non-US competition authorities.