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CPSC Sued Over Lack of Access to Consensus Standard Incorporated Into CPSC Regulation

May 26, 2020 | Blog | By Charles Samuels, Evelyn French, Evan Moore

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Price Gouging Laws — What Clients Need to Know

April 29, 2020 | Alert | By Jason P.W. Halperin, Jeffrey Moerdler, Scott Rader, Anthony J. Viola, David H. Drew

Read about how price gouging statutes and enforcement, by NY state and city, Mass., and the federal government, may affect businesses during the COVID-19 pandemic.
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In Application of American Express to Horizontal Merger Challenge, District Court Allows Merger of Airline Ticket Platforms

April 21, 2020 | Alert | By Joseph MIller, Bruce Sokler, Shawn Skolky, Tinny Song

Read about a federal district court in Delaware’s denial of the DOJ’s challenge under the Clayton Act of Sabre Corp.’s $360 million acquisition of Farelogix Inc.
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U.S. Department of Justice Issues First COVID-19-Related Business Review Letter to Medical Supplies Distributors

April 6, 2020 | Blog | By Bruce Sokler, Joseph MIller, Shawn Skolky, Tinny Song

Back in March, we wrote a blog post regarding the FTC and DOJ’s joint statement on antitrust guidance for COVID-19 public health efforts. As part of the press release, the Agencies announced that companies could request an expedited staff opinion on requests for review of collaborative COVID-19-related business efforts. The Agencies would endeavor to respond to all requests within seven business days. On Saturday, the DOJ issued its first business review letter, allowing to come to fruition a joint effort by McKesson, Owens & Minor, Cardinal Health, Medline, and Henry Schein (the “Medical Supplies Distributors”) to expedite and increase manufacturing, sourcing, and distribution of personal-protective equipment (PPE) and COVID-19-related medication.
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As the COVID-19 pandemic continues to spread, so too have concerns about collaboration between competitors attempting to address unmet needs due to this national emergency. Shortages of medical supplies, personal protective equipment (PPE), and health care services pose questions of whether stakeholders can join forces in order to provide these much needed services and supplies.
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2020 HSR Notification Thresholds Announced

January 28, 2020 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

Read about the FTC’s 2020 “size of transaction” and “size of person” thresholds for premerger reporting under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
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Antitrust Settlement Reached in College Recruiting Case

December 20, 2019 | Blog | By Bruce Sokler

On December 12, 2019, the Antitrust Division of the Department of Justice filed an antitrust case and simultaneous settlement against the National Association for College Admission Counseling (NACAC).  The complaint alleged that NACAC established and enforced illegal restraints on the ways that colleges compete in the recruiting of students.
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Investment Fund to Pay More Than $600,000 for Inadvertent Violation of HSR Act

August 29, 2019 | Alert | By Bruce Sokler, Farrah Short

Read about Third Point and three funds’ agreement to pay $609,810 to settle HSR Act antitrust allegations related to their delayed reporting of securities acquired due to the merger of third parties.
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Canon and Toshiba Pay $5 Million for HSR Avoidance Scheme

June 13, 2019 | Alert | By Bruce Sokler, Farrah Short

Read about Canon Inc. and Toshiba Corporation’s agreement to pay $2.5 million each to settle DOJ antitrust allegations associated with a $6.1 billion transaction.
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Physician Affiliation Price Fixing Case Settled for $2.5 Million

May 31, 2019 | Alert | By Bruce Sokler, Farrah Short

This alert discusses State of Washington v. Franciscan Health System, outlines its proposed settlement, and reviews the important takeaways for health care provider affiliations.
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Another Shoe Drops in the Qualcomm Patent Licensing Saga

May 24, 2019 | Blog | By Michael Renaud, Bruce Sokler, Rich Gervase, Harold Laidlaw

Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm’s business going forward.
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Read about the Sixth Circuit's rejection of a hospital plaintiff’s per se antitrust claim against a dominant competitor in The Medical Center at Elizabeth Place, LLC v. Atrium Health System.
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FTC Alleges Surescripts Illegally Monopolized E-Prescription Market

April 29, 2019 | Alert | By Bruce Sokler, Evelyn French

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CFIUS Review and International Business Transactions

April 12, 2019 | Video | By Robert Kidwell

Rob Kidwell provides an overview of the Committee on Foreign Investment in the United States (CFIUS) and the recent amendments to the statute governing the committee as well as how these changes impact business transactions.
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