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In 1997, most people thought of Amazon.com as mainly an online bookseller, you couldn't buy groceries at Wal-Mart or Target, and if you wanted floppy disks, VHS tapes, or a fax machine, you drove to your local Staples, OfficeMax, or Office Depot.
For over a decade, the antitrust enforcers at the Federal Trade Commission have challenged the type of patent settlement where a brand-name drug manufacturer pays a prospective generic manufacturer to settle patent challenges, and the generic manufacturer agrees not to bring its generic to market for a specified number of years.

Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes

June 11, 2013 | Alert | By Bruce Sokler, Robert Kidwell, Christi Braun, Shoshana Speiser

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth whitening market in North Carolina.
Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal advisors when the transaction is not reportable under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (“HSR Act”).

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

February 25, 2013 | Alert | By Evan Nadel, Robert Kidwell

In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels even though purchases of the price-fixed goods all occurred outside California.

FTC Issues Favorable Clinical Integration Advisory Opinion to Norman, Oklahoma PHO

February 14, 2013 | Alert | By Bruce Sokler, Christi Braun

Since the passage of the Affordable Care Act (ACA), much attention has been paid to the antitrust treatment of Accountable Care Organizations, provider ventures contemplated by the ACA that the Federal Trade Commission and Department of Justice have said are, essentially, clinically integrated organizations.

DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement by Antitrust Division

February 4, 2013 | Alert | By Bruce Sokler, Robert Kidwell, Christi Braun, Farrah Short, Helen Kim, Shoshana Speiser

On January 31, 2013, the Antitrust Division of the Department of Justice (“DOJ”) filed its first lawsuit challenging a merger under newly sworn-in Assistant Attorney General, William J. Baer.

FTC Announces Annual HSR Thresholds Adjustments

January 11, 2013 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Helen Kim

The Federal Trade Commission (FTC) announced on January 10, 2013 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act).
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