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Out with the Old: The Antitrust Division Withdraws Healthcare Enforcement Policy Statements
February 7, 2023 | Blog | By Bruce Sokler, Joseph Miller, Payton Thornton
FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes
January 9, 2023 | Alert | By Bruce Sokler, Joseph Miller, Charles Samuels, Evelyn French
New Law Hikes HSR Merger Filing Fees for Large Deals and Imposes Foreign Subsidy Disclosure Requirement
January 3, 2023 | Alert | By Bruce Sokler, Joseph Miller, Robert Kidwell, Farrah Short
Is Antitrust ESG's Achilles Heel ? House Republicans Think So.
December 13, 2022 | Blog | By Bruce Sokler, Jacob Hupart, Tinny Song, Payton Thornton
On the Board: DOJ Gets First Win in Criminal No-Poach Prosecution
October 31, 2022 | Blog | By Bruce Sokler, Tinny Song, Payton Thornton
DOJ Makes Good on Promise to Review Interlocking Directorates
October 21, 2022 | Blog | By Bruce Sokler, Robert Kidwell, Payton Thornton
The Department of Justice Antitrust Division (“DOJ”) recently announced that it has required several directors to resign from simultaneously serving on the corporate boards of competitor companies.
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In Divided 3-2 Vote, Federal Trade Commission Authorizes Three Omnibus Compulsory Process Resolutions
August 30, 2022 | Blog | By Evelyn French, Bruce Sokler
FTC Policy Paper Supports Agency’s Long-Held Position in Opposition to COPAs
August 18, 2022 | Alert | By Bruce Sokler, Joseph Miller, Farrah Short
The NLRB’s Busy July – A Harbinger of Future Coordinated Federal Action Between the NLRB, FTC, and DOJ
August 15, 2022 | Blog | By Evan Piercey, Tinny Song, Richard Block
"Fowl" Play: DOJ Files Lawsuit and Proposed Consent Decrees with Poultry Processors over Wage Suppression Conspiracy
August 2, 2022 | Blog | By Bruce Sokler, Joseph Miller, Tinny Song
5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool
July 6, 2022 | Blog | By Daniel Weinger, Michael Renaud, Bruce Sokler, James Thomson
DOJ and FTC Virtual Workshop: Agencies Discuss Novel Approaches to Address Competition Issues in Pharmaceutical Mergers
June 23, 2022 | Blog | By Evelyn French, Tinny Song
Vet Clinic FTC Settlement Puts Private Equity On Notice
June 17, 2022 | Blog | By Bruce Sokler, Tinny Song
FTC Chair Khan Gives a Look Behind the Curtain of United States Merger Reform
May 10, 2022 | Alert | By Bruce Sokler
DOJ Loses Two Criminal Antitrust Labor Trials, Stymied by (Lack of) Evidence
April 19, 2022 | Blog | By Bruce Sokler, Tinny Song
Last week, the Antitrust Division of the U.S. Department of Justice (“DOJ”) was handed two losses after federal juries in the U.S. District Court for the Eastern District of Texas and the U.S. District Court for the District of Colorado acquitted defendants accused of violating the antitrust laws by fixing wages and conspiring to suppress competition through no-poach agreements, respectively.
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FTC and DOJ to Host Public Forums on Effects of Mergers Ahead of Issuance of New Merger Guidelines
March 22, 2022 | Blog | By Bruce Sokler, Tinny Song
No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up”
March 3, 2022 | Blog | By Daniel Weinger, Michael Renaud, Bruce Sokler, James Thomson
In its analysis of Cont’l Auto. Sys., Inc. v. Avanci, L.L.C.,, the Fifth Circuit made several interesting findings: (1) that potential pass-through non-FRAND royalties are too speculative to create an injury in fact; (2) that SEP holders can fulfill their obligations to SSOs, with respect to suppliers, by actively licensing SEPs to downstream OEMs; and (3) that not all implementers are intended beneficiaries entitled to FRAND licenses.
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Increased HSR Notification Thresholds for 2022
January 24, 2022 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
This alert covers the FTC’s increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), as amended.
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FTC, DOJ Launch Proceeding to Revise Antitrust Merger Guidelines
January 19, 2022 | Blog | By Bruce Sokler, Joseph Miller, Robert Kidwell, Farrah Short
As has been expected, on January 18, 2022, the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of Justice (“DOJ”) announced in a joint press conference an initiative to review and revise the antitrust merger guidelines. In his competition Executive Order last summer, President Biden announced a policy calling for increased scrutiny of mergers. Against this backdrop, one would expect the effort would result in the toughening of standards over what currently is found in the existing guidelines.
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FTC Issues Fines Totaling Nearly $2 Million For Failures To File HSR Notifications
December 27, 2021 | Blog | By Bruce Sokler, Farrah Short
The Federal Trade Commission is closing out the year with vigorous enforcement of the Hart Scott Rodino Antitrust Improvements Act of 1976 (“HSR Act”) by imposing fines totaling nearly $2 million. On December 22, 2021, the FTC settled charges in two separate matters for repeated violations of the HSR Act. In one, investment fund operator Biglari Holdings Inc. will pay $1.4 million to settle charges that it failed to file the required HSR notification for stock acquisitions it made in 2020. In the other, Clarence L. Werner, founder of Werner Enterprises, Inc. will pay $486,900 to settle charges that he failed to file for acquisitions between May 2007 and February 2020 of his company’s stock.
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