Antitrust: Updates

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  • DOJ Settles Antitrust Claim Against AT&T and DirecTV for Illegal Information Exchange with Rivals Published on March 28, 2017 Legal update: archive

    The Antitrust Division of the Department of Justice (DOJ) settled its lawsuit against DirecTV Group Holdings, LLC, filed on November 2, 2016, alleging that DirecTV acted as the ringleader of a scheme to exchange non-public, confidential information with three competitors during licensing negotiations with Time Warner Cable. The DOJ brought charges under Section 1 of the Sherman Act.

  • Key Findings of the Advocate/NorthShore Decision Published on March 21, 2017 Legal update: archive

    The US District Court for the Northern District of Illinois enjoined the proposed merger between two healthcare systems, Advocate Health Care Network and NorthShore University HealthSystem, on antitrust grounds. The court found that the Federal Trade Commission (FTC) and State of Illinois showed likely competitive harm in the market for inpatient general acute care services sold to commercial payers and their insured members (GAC services). This Legal Update provides an overview of the opinion's findings on issues including the relevant geographic market, anticompetitive effects, and the defendants' proposed efficiencies.

  • Recent What's Market Federal Merger Enforcement Action Summaries Published on March 07, 2017 Legal update: archive

    A list of federal merger enforcement action summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of federal merger enforcement action summaries that allows you to analyze and compare key issues like market definitions, HHIs, theories of competitive harm, and remedies across multiple enforcement actions. The summaries contain links to the underlying public documents.

  • DOJ Charges Electric Power Company with Gun-Jumping Violation Published on March 01, 2017 Legal update: archive

    The Department of Justice (DOJ) charged Duke Energy Corporation with taking control of Osprey Energy Center before making required Hart-Scott-Rodino (HSR) Act notifications and observing the required waiting period, known as gun-jumping. The DOJ charged Duke $600,000 in civil penalties.

  • US v. Anthem: Key Takeaways of the Anthem-Cigna Opinion and Next Steps in Delaware Published on February 23, 2017 Legal update: archive

    On February 8, 2017, the US District Court for the District of Columbia enjoined the proposed merger between Anthem, Inc. and Cigna Corp, the country's second and third largest health insurers. This Legal Update provides an overview of the court's findings and key takeaways and a summary of the parties' positions in their ensuing litigation in Delaware.

  • FTC Sues Shire ViroPharma Inc. for Interfering with FDA Approval of Generic Competitors Published on February 09, 2017 Legal update: archive

    On February 7, 2017, the Federal Trade Commission (FTC) filed antitrust charges against Shire ViroPharma Inc. alleging anticompetitive tactics aimed at delaying entry of generic drug competition for its antibiotic Vancocin HCl. The complaint alleges that ViroPharma misused government processes by engaging in repetitive and baseless filings to the US Food and Drug Administration (FDA) to block approval of generic competitors and maintain its monopoly.

  • Recent What's Market Antitrust Risk-Shifting Provisions Summaries Published on February 07, 2017 Legal update: archive

    A list of antitrust risk-shifting provisions summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of antitrust risk-shifting provisions summaries that allows you to analyze and compare terms, including hell or high water, divestiture and litigation obligations, and reverse break-up fees across multiple agreements. All summaries contain links to the underlying public documents.

  • FTC Merger Remedy Study: Best Practices Published on February 03, 2017 Legal update: archive

    On February 3, 2017, the Federal Trade Commission (FTC) released a study examining merger remedies from 2006 through 2012. The study examined the remedies in 89 merger orders and identified best practices for parties negotiating remedies with the FTC staff, including specific recommendations for the pharmaceutical industry.

  • Second Circuit: Pleading Standard Too High in Dismissal of Silver Futures Case Published on February 02, 2017 Legal update: archive

    On February 1, 2017, the US Court of Appeals for the Second Circuit found that the lower court held plaintiffs to an excessively high pleading standard under Twombly in dismissing their complaint alleging that JPMorgan Chase manipulated a market for silver futures contracts.

  • Supreme Court Nominee Neil Gorsuch on Antitrust Published on February 01, 2017 Legal update: archive

    On January 31, 2017, President Trump announced Judge Neil Gorsuch as his nominee to take Justice Antonin Scalia's place on the US Supreme Court. Judge Gorsuch currently sits on the US Court of Appeals for the Tenth Circuit. This Legal Update summarizes several of Judge Gorsuch's notable antitrust decisions.

  • Commissioner Ohlhausen Delivers Remarks on FTC Antitrust Policy in the New Administration Published on January 25, 2017 Legal update: archive

    Federal Trade Commission (FTC) Commissioner Maureen Ohlhausen delivered remarks on how the FTC should pursue antitrust policy under President Trump. Commissioner Ohlhausen stated that the FTC should operate under a more conservative antitrust policy going forward that reduces regulatory burdens on companies and better protects intellectual property rights.

  • FTC Increases Civil Penalty Maximum for HSR and FTC Order Violations Published on January 24, 2017 Legal update: archive

    The Federal Trade Commission (FTC) increased the maximum civil penalty for Hart-Scott-Rodino (HSR) violations and FTC order violations from $40,000 per day to $40,654 per day. The penalty for other violations within the FTC's jurisdiction were also adjusted. The increases will go into effect on January 24, 2017.

  • District Court Blocks Aetna-Humana Merger Published on January 24, 2017 Legal update: archive

    On January 23, 2017, the US District Court for the District of Columbia enjoined the proposed merger between health insurers Aetna Inc. and Humana Inc. on antitrust grounds, finding likely competitive harm in the markets for Medicare Advantage plans and commercial health insurance plans offered on the Affordable Care Act (ACA) public exchanges. This Legal Update provides an overview of the opinion's findings on issues including product market definition, the role of government regulation in the relevant markets, and the sufficiency of the parties' proposed divestiture.

  • FTC Revises Thresholds for HSR Act Filings and Interlocking Directorates Violations Published on January 20, 2017 Legal update: archive

    The FTC announced revised thresholds under the Hart-Scott-Rodino (HSR) Act.  These thresholds determine whether an HSR filing is necessary.  Also announced were revisions to the thresholds under Section 8 of the Clayton Act that trigger a violation for interlocking directorates. 

  • FTC Sues Qualcomm Inc. for Anticompetitive Tactics in Supply and Licensing of Processors Published on January 20, 2017 Legal update: archive

    On January 17, 2017, the Federal Trade Commission (FTC) filed a complaint in the US District Court for the Northern District of California against Qualcomm Inc. alleging anticompetitive tactics aimed at maintaining a monopoly in the licensing and supply of baseband processors (a type of semiconductor) used in cell phones. The complaint alleges that Qualcomm has used its dominant position to impose anticompetitive supply and licensing terms on cell phone manufacturers, weakening competition, and limiting innovation that would benefit consumers.

  • FTC Charges Two Individuals with HSR Act Violations Published on January 19, 2017 Legal update: archive

    The Federal Trade Commission (FTC) fined two separate individuals, Ahmet H. Okumus and Mitchell P. Rales, for failing to make Hart-Scott-Rodino (HSR) Act filings related to their purchases of voting shares. Okumus was fined $180,000 and Rales $720,000.

  • FTC and DOJ Issue Updated Antitrust Guidelines for IP Licensing Published on January 17, 2017 Legal update: archive

    The Federal Trade Commission (FTC) and Department of Justice (DOJ) issued updated antitrust guidelines for intellectual property (IP) licensing. Among other things, the guidelines address exclusive licenses, patent tying, patent pools, grantbacks, and cross-licensing, and establish safety zones for certain kinds of licensing arrangements.

  • DOJ and FTC Issue Updated Antitrust Guidelines for International Enforcement and Cooperation Published on January 17, 2017 Legal update: archive

    The Department of Justice (DOJ) and Federal Trade Commission (FTC) issued an updated guide to international antitrust enforcement, last issued in 1995. The guidelines discuss the agencies' international enforcement policy, investigative tools, and cooperation with global antitrust authorities.

  • FTC Commissioner Edith Ramirez to Resign Published on January 13, 2017 Legal update: archive

    Federal Trade Commission (FTC) Chairwoman Edith Ramirez will leave her position on February 10, 2017, leaving the FTC with two Commissioners.

  • Recent What's Market Federal Merger Enforcement Action Summaries Published on January 10, 2017 Legal update: archive

    A list of federal merger enforcement action summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of federal merger enforcement action summaries that allows you to analyze and compare key issues like market definitions, HHIs, theories of competitive harm, and remedies across multiple enforcement actions. The summaries contain links to the underlying public documents.

  • Recent What's Market Antitrust Risk-Shifting Provisions Summaries Published on January 10, 2017 Legal update: archive

    A list of antitrust risk-shifting provisions summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of antitrust risk-shifting provisions summaries that allows you to analyze and compare terms, including hell or high water, divestiture and litigation obligations, and reverse break-up fees across multiple agreements. All summaries contain links to the underlying public documents.

  • General Court orders EU to pay Gascogne Sack damages action for excessively long court proceedings Published on January 10, 2017 Legal update: archive

    On 10 January 2017, the General Court handed down a ruling ordering the European Union (EU) to pay Gascogne Sack Deutschland and Gascogne damages of more than EUR50,000 because of the excessive length of the proceedings before the General Court.

  • Loose Lips Sink Ships: Training Employees on Antitrust Compliance Published on December 20, 2016 Legal update: archive

    This Legal Update highlights resources that in-house counsel can use to train employees and executives on antitrust compliance.

  • Recent What's Market Antitrust Risk-Shifting Provisions Summaries Published on December 12, 2016 Legal update: archive

    A list of antitrust risk-shifting provisions summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of antitrust risk-shifting provisions summaries that allows you to analyze and compare terms, including hell or high water, divestiture and litigation obligations, and reverse break-up fees across multiple agreements. All summaries contain links to the underlying public documents.

  • Recent What's Market Federal Merger Enforcement Action Summaries Published on December 12, 2016 Legal update: archive

    A list of federal merger enforcement action summaries recently published by Practical Law What's Market. Practical Law What's Market provides a continuously updated database of federal merger enforcement action summaries that allows you to analyze and compare key issues like market definitions, HHIs, theories of competitive harm, and remedies across multiple enforcement actions. The summaries contain links to the underlying public documents.

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