Morgan Lewis

Antitrust

Publications of Interest

234 Publications Found
10/31/11 FTC/DOJ Final Policy on Accountable Care Organizations: Important Antitrust Issues Remain Uncertain for Healthcare Collaborations

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
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

10/18/11 The CFIUS Review Process: Trends and Challenges, presented to the Delegation of the State-owned Assets Supervision and Administration Commission (SASAC), People’s Republic of China

Presentation | Speech
Stephen Mahinka, Sean Duffy

08/29/11 Third Circuit Eases Burden on Foreign Injury Antitrust Plaintiffs

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

08/22/11 Guilty Plea for Altering HSR Documents

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

08/01/11 California v. Safeway: Antitrust Risks of Employer Mutual Aid Assistance Agreements

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

07/28/11 The HSR Act Makeover, Law360

Outside Publication | Article
Harry Robins, Sarah Rabinovici

07/12/11 For Better or Worse? FTC and DOJ Remake Hart-Scott-Rodino Act Premerger Notification Form and Rules

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

06/23/11 Japanese FTC Streamlines Merger Review Process

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

06/21/11 European Court of Justice Holds That Disclosure of Leniency Documents to Cartel Victims Seeking Civil Damages Is Subject to National Law

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

06/02/11 Recent Changes and Proposals in Merger Control Legislation in Selected Countries: Implications for Acquisitive Companies

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

04/05/11 FTC Offers Recommendations to Better Align Patent System and Competition Policy

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

01/24/11 FTC Raises Hart-Scott-Rodino Thresholds

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

Winter 2010 The Effect of Twombly and Iqbal on State Pleading Standards, Business Torts and Civil RICO Committee Newsletter, Vol. 6, Issue 1

Outside Publication | Article
Swati Rawani

10/14/10 Implications of DOJ / FTC Revised Merger Guidelines

Presentation | Webinar
Stephen Mahinka, Michael Griffen

In this webcast, Morgan Lewis partners Michael C. Griffen and more

Fall 2010 Pfizer-Wyeth: Lessons From the First Major Merger Review of the Obama Administration, The Threshold

Outside Publication | Article
Daniel Schiffer, Scott Stempel

09/16/10 European Court Confirms No Legal Privilege for In-House Lawyers in EU Competition Proceeding

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

On September 14, 2010, the Court of Justice of the European Union (the Court) issued its long-awaited decision in Akzo Nobel Chemicals and Akcros Chemicals v. Commission (Case C-550/07 P), confirming that communications betwee... more

08/26/10 U.S. Antitrust Agencies Finalize Updates to Horizontal Merger Guidelines

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

On August 19, the Antitrust Division of the Department of Justice and the Federal Trade Commission (together, the agencies) issued new Horizontal Merger Guidelines (the Guidelines) to explain and clarify their current enforcemen... more

08/23/10 Reduction in Burdens or More Headaches? FTC to Change HSR Act Premerger Notification Form and Rules

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The Federal Trade Commission (FTC) has announced that it is proposing changes to the Hart­Scott­Rodino Act (HSR Act) premerger notification form and rules. Almost every aspect of the form will be affected in some way. Wi... more

July 2010 Analysis of Innovation in Merger Investigations: Summary of ABA Brown Bag Program, Antitrust Health Care Chronicle, Vol. 23, No. 4

Outside Publication | Article
Daniel Schiffer

06/07/10 European Commission Revises Competition Rules for Motor Vehicle Distribution and Repair

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

On May 27, the European Commission (the Commission) published its new Motor Vehicle Sector Block Exemption Regulation (MVBER) and supplementary Guidelines (the Guidelines). The revision of the rules relating to vertical agreeme... more

2010 A Business Guide to the Robinson-Patman Act

Morgan Lewis Title | White Paper
Mark Edwards

05/26/10 Supreme Court Provides Guidance on Applying Section 1 of the Sherman Act to Joint Ventures

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

In the first Supreme Court victory for an antitrust plaintiff in nearly 20 years, the Court on Monday unanimously held that NFL teams should not be considered a "single entity" for the purposes of applying Section 1 of the Sherm... more

05/12/10 The Role of Counsel Representing Parties to a Transaction Involving Innovation Markets, presented at the ABA Brown Bag Program: Analysis of Innovation in Merger Investigations, Washington, D.C.

Presentation | Speech
Daniel Schiffer, Scott Stempel

05/11/10 Advocate General Denies Legal Privilege for In-House Lawyers

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

On April 29, German Advocate General Juliane Kokott at the Court of Justice of the European Union (Court of Justice) handed down her opinion in Akzo v. European Commission (Case C-550/07 P). The opinion argues that the commun... more

04/27/10 European Commission Releases Long-Awaited Revisions to Vertical Restraints Block Exemption Regulation and Guidelines

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

After a long and somewhat contentious review process, the European Commission (the Commission) published its long-awaited new Vertical Restraints Block Exemption Regulation (VBER) and Guidelines (the Guidelines) on April 20. Th... more