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Tinny T. Song

Associate

[email protected]

+1.202.434.7415

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Tinny's practice encompasses a variety of antitrust and competition matters including antitrust compliance, merger review, civil litigation, and government investigations. Tinny also assists clients with regulatory reviews by the Committee on Foreign Investment in the United States (CFIUS) assessing the national security implications of foreign investment transactions.

Prior to joining Mintz, Tinny was an associate in the antitrust practice of a nationally recognized class action and litigation law firm in New York, where he represented clients in litigation involving price-fixing, benchmark and commodities manipulation, pay-for-delay, market allocation, and unlawful monopolization.

He is a member of the ABA Antitrust Section’s Health Care & Pharmaceutical Committee and serves as an editor for the committee’s Health Care Antitrust Week-in-Review.

During law school, Tinny was a research assistant at the Global Antitrust Institute in Arlington, Virginia and served as the associate articles editor for the George Mason Law Review. Tinny also attended “Competition Law in Brazil: Challenges and Perspectives” in Brasilia, Brazil where he studied Brazilian competition law and policy.

Education

  • George Mason University (JD)
  • Virginia Polytechnic Institute & State University (BA)

Involvement

  • Member, Health Care & Pharmaceutical Committee, Antitrust Section, American Bar Association (2018 - Present)
  • Member, American Health Lawyers Association (2020-present)

Viewpoints

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On Tuesday, May 11, 2021, an international coalition of competition enforcement agencies including the Federal Trade Commission, the U.S. Department of Justice’s Antitrust Division, Offices of State Attorneys General, Canada’s Competition Bureau, the European Commission Directorate General for Competition, and the U.K.’s Competition and Markets Authority issued a notice seeking public input to inform their approaches to analyzing the competitive effects of pharmaceutical mergers. 
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Earlier this week, Stone Canyon Industry Holdings LLC (“Stone Canyon”) and its portfolio company SCIH Salt Holdings Inc. (“SCIH”) reached a settlement agreement with the Department of Justice (“DOJ”) to resolve its investigation of SCIH’s proposed acquisition of Morton Salt Inc. (“Morton”).  Under the terms of the settlement agreement, which is subject to Tunney Act review, Stone Canyon and SCIH are required to divest all assets relating to evaporated salt in order to proceed with the Morton acquisition.  This settlement agreement is noteworthy in that the divestiture was of the buyer to divest its own assets in order to proceed with the transaction, and the DOJ and the parties reached agreement without a divestiture buyer identified.
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On February 18, 2021, the United States Court of Appeals for the Fourth Circuit upheld the divestiture order issued by the U.S. District Court for the Eastern District of Virginia in a private merger challenge brought by Steves and Sons Inc. (“Steves”) against Jeld-Wen Inc. (“Jeld-Wen”) relating to Jeld-Wen’s acquisition of CraftMaster Manufacturing Inc. (“CMI”) in 2012. While divestitures are the government’s preferred remedy when it challenges a merger, this case represents the first instance when this remedy was ordered in a private litigation.
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Treasury Issues Final Rule Amending CFIUS Mandatory Filing Requirements

September 17, 2020 | Blog | By Robert Kidwell, Tinny Song

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In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern District of California in FTC v. Qualcomm and vacated the district court’s worldwide, permanent injunction prohibiting several of Qualcomm Incorporated’s (“Qualcomm”) licensing practices with respect to standard-essential patents (“SEPs”) covering cellular technology.
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In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation), No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S. purchasers of AbbVie Inc.’s blockbuster biologic drug Humira alleging that AbbVie had prevented manufacturers of competing biosimilar drugs (“biosimilars”) from entering the U.S. market in violation of federal and state antitrust laws.
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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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Antitrust Viewpoint Thumbnail
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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