Antitrust
Publications of Interest
LawFlash/Client Alert | Antitrust LawFlash
J. Everett, Jr., Sean Duffy, Steven Reed, Scott Stempel
Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge.
Outside Publication | Article
J. Everett, Jr., Eyitayo St. Matthew-Daniel
LawFlash/Client Alert | Antitrust LawFlash
R. Brendan Fee, Sarah Rabinovici, Jonathan Rich
Agencies promise close scrutiny of hospital mergers, reverse payment settlements, and REMS abuses.
LawFlash/Client Alert | Antitrust LawFlash
J. Everett, Jr., Eyitayo St. Matthew-Daniel
Courts grapple with questions raised by the "inelegantly phrased" Foreign Trade Antitrust Improvements Act of 1982.
Outside Publication | Article
David Brenneman, Thomas Lang
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
As of the effective date (on or about February 23, 2012) transactions must be valued in excess of $68.2 million to be subject to the preclosing notification requirements of the HartScottRodino Act.
LawFlash/Client Alert | Antitrust LawFlash
Harry Robins, David Brenneman
Unlike so-called "merger control" laws in most countries, the U.S. HSR Act applies to individual executive officers and directors acquiring shares of the employing corporation as part of their compensation if certain jurisdictional thresholds are satisfied.
LawFlash/Client Alert | Antitrust LawFlash
Sarah Rabinovici, R. Brendan Fee, Jonathan Rich
Although most supply agreements are a benign business reality, when favorable terms negotiated with a supplier foreclose the buyer's rivals from competing, the antitrust waters can get murky, and buyers, especially those with ma... more
Outside Publication | Article
Stephen Mahinka, J. Everett, Jr., David Brenneman, Albert Shay
The Federal Trade Commission and the Department of Justice ("agencies") issued their final Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program ("... more
Presentation | Speech
Margaret Gatti
Export Compliance Policy Statement: Requires each and every employee to comply with the export laws and regulations of the United States to the full extent that such laws and regulations apply to Company's products. Employee... more
LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Stephen Mahinka, J. Everett, Jr., David Brenneman, Albert Shay
The Federal Trade Commission (FTC) and Department of Justice (DOJ) (together, the Agencies) issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Sha... more
Presentation | Speech
Stephen Mahinka, Sean Duffy
LawFlash/Client Alert | Antitrust LawFlash
Greta Burkholder, Jonathan Rich
As global economic activity increases, the U.S. courts see more and more antitrust claims brought by customers and competitors allegedly injured in transactions occurring outside the United States. International cartel and mono... more
LawFlash/Client Alert | Antitrust LawFlash
Sean Duffy, Jonathan Rich
The U.S. Department of Justice (DOJ) has provided a jarring reminder of the penalties for dishonesty in Hart-Scott-Rodino (HSR) filings. On August 15, the DOJ announced that Nautilus Hyosung Holdings Inc. (NHI) agreed to plead ... more
LawFlash/Client Alert | Antitrust and Labor and Employment LawFlash
Antitrust and Labor and Employment Practices
On July 12, in California v. Safeway ,[1] the Ninth Circuit Court of Appeals, sitting en banc, held that a mutual strike assistance agreement among four supermarket chains was subject to cha... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) recently modified the premerger notification form and rules for transactions reportable under the Hart-Scott-Rodino Act (HSR Act). The new form and the ame... more
LawFlash/Client Alert | Morgan Lewis-TMI LawFlash
Morgan Lewis-TMI
The Japanese Fair Trade Commission (the JFTC) has adopted new rules that should streamline Japan's review process for both domestic and global transactions. The new rules will end the JFTC's practice of holding "preconsultations"... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The European Commission (EC) and many other competition authorities around the world have long promoted confidentiality as an essential feature of their highly successful cartel leniency programs. The authorities seek to encour... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
As the global economy continues to show signs of improvement, more countries-including the UK, India, and Brazil-are moving toward rules that require approval of transactions prior to closing-even when neither of the parties to ... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
As part of its continuing efforts to better align the country's patent system with its competition policy, the Federal Trade Commission (FTC) recently released a 300-page report, The Evolving IP Marketplace: Aligning Patent Not... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to become effective February 21, 2011. ... more
Outside Publication | Article
Swati Rawani
Presentation | Webinar
Stephen Mahinka, Michael Griffen
In this webcast, Morgan Lewis partners Michael C. Griffen and more
Outside Publication | Article
Daniel Schiffer, Scott Stempel