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FTC Chairman Discusses Coronavirus Scams, Privacy Concerns in Teleconference with Lawmakers
May 12, 2020 | Blog | By Bruce Sokler, Evan Moore
DOJ Requires Antitrust Divestitures in Connection with Sale of Dean Foods’ Milk Processing Plants Out of Bankruptcy
May 5, 2020 | Blog | By Bruce Sokler, Tinny Song
Independent Oncology Group Reaches Deferred Prosecution Agreement, Agreeing to Maximum Statutory Penalty of $100 Million in Market Allocation Scheme
May 1, 2020 | Blog | By Bruce Sokler, Joseph Miller
Price Gouging Laws — What Clients Need to Know
April 29, 2020 | Alert | By Jason P.W. Halperin, Jeffrey Moerdler, Scott Rader, Anthony J. Viola
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, 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 Second COVID-19-Related Business Review Letter, Approving Again of Competitor Collaboration
April 21, 2020 | Blog | By Bruce Sokler, Evelyn French
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, 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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Federal Trade Commission and Justice Department Release Joint Antitrust Guidance for COVID-19 Public Health Efforts
March 25, 2020 | Blog | By Bruce Sokler, Joseph Miller
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
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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Hospital Plaintiff’s Reliance on a Per Se Antitrust Claim against Dominant Competitor Fails in Sixth Circuit Despite Defeat of a Copperweld Defense
May 2, 2019 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
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
Key Takeaways from DOJ’s Anti-Steering Case against Atrium Health
April 12, 2019 | Video | By Bruce Sokler
Bruce Sokler discusses the consent decree that resolved the Department of Justice’s attack against Atrium Health in which the DOJ challenged Atrium’s use of anti-steering provisions in their contracts with insurers.
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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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Antitrust Claims Against Sutter Health Move Forward in Consolidated State Actions
March 20, 2019 | Alert | By Bruce Sokler, Farrah Short
This alert from the Mintz health care antitrust team outlines the reasoning behind a California court’s March 14, 2019 decision against Sutter Health — a case involving claims of alleged price tampering and combination to monopolize.
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