Baer stated that in the last year, the DOJ collected more than $3.6 billion in criminal fines and penalties and prosecuted over 400 individuals as a result of its cartel investigations. The DOJ is continuing to investigate cartels related to:

Baer explained that DOJ attorneys must be ready for trial so companies know the DOJ is always prepared to effectively enforce antitrust laws (see, for example, What's Market, U.S. v. AB Electrolux, Electrolux North America, Inc., and General Electric Company (litigated case)). Baer noted that in 2015 compared to 2014, mergers valued at more than $10 billion more than doubled and that overall global merger activity has reached historic levels.

Baer explained that the DOJ's resources also go towards ensuring that proposed remedies are sufficient to punish and deter illegal conduct. Baer stated that the DOJ reviews every settlement offer and is reluctant to agree to any offer that will only partially remedy the harm. Additionally, Baer stated that the DOJ will not settle any Clayton Act violation unless the remedy will fully protect customers into the future.

Finally, Baer stated that the DOJ uses other tools to protect competition, including:

Ramirez stated that since 2013, HSR filings have increased by 32%. In 2015, the FTC challenged 27 mergers and filed suit to block six of those mergers (see, for example, What's Market, F.T.C. v. Sysco Corp., USF Holding Corp., and US Foods, Inc. (litigated case)). The FTC focused much of its efforts in 2015 on preventing healthcare provider consolidation, including three hospital merger challenges that are currently pending. The FTC also focused on the pharmaceutical industry, challenging 17 mergers in the last two years.

Ramirez stated that the FTC's top priority for conduct-based enforcement is preventing pharmaceutical reverse payment settlement agreements (pay-for-delay agreements) pursuant to the Supreme Court's ruling in FTC v. Actavis (570 U.S. 756 (2013)) (see Practice Notes, Reverse Payment Settlement Agreements and Actavis Case Tracker). Ramirez noted that after Actavis, the number of pay-for-delay agreements declined, and more patent disputes were settled without reverse payments. Ramirez noted that the FTC will continue to monitor ongoing pay-for-delay cases and file amicus briefs where appropriate.

Ramirez also stated that the FTC is monitoring other forms of pharmaceutical anticompetitive behavior, including abusing safety protocols and product hopping (see Practice Note, Healthcare Competition: Pharmaceuticals).

The FTC also works to detect and prevent anticompetitive conduct in other markets. The FTC secured a victory in North Carolina Board of Dental Examiners v. Federal Trade Commission, in which the US Supreme Court held that the State Board of Dental Examiners was not protected by state-action immunity when it allegedly violated the FTC Act by prohibiting non-dentists from providing teeth-whitening services in North Carolina (see Legal Update, Supreme Court Rules that State Board of Dental Examiners Not Protected by State-action Antitrust Immunity).

Ramirez explained that conduct-based enforcement actions provide guidance to companies to help them avoid antitrust violations.

Finally, Ramirez stated that the FTC continues to actively promote competition through research and advocacy. The FTC is currently conducting studies regarding:

Ramirez explained that, together with the DOJ, the FTC holds workshops on emerging competition issues, including a recent workshop on the sharing economy. The FTC also works with domestic and international agencies to promote competition around the globe.